Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters in the PRC, Hong Kong, Macau and Taiwan

Foreign judgment recognition and enforcement is an old topic. However, nowadays, it catches new attention on the background of globalization, a process within which countries around the world are becoming more closely connected than ever with each other. Due to its double nature (i.e. both public authority and personal interests are involved), the issue is quite complicated. In addition, when it comes to four Chinese jurisdictions (the People's Republic of China, Hong Kong, Macau and Taiwan), it becomes even more complex as though each of them is of its independent legal system, ant he four jurisdictions are of the same sovereignty. The sensitive Political relationship within these jurisdictions makes the issue problematic. This dissertation starts with detailed discussion and analysis of the current foreign judgment recognition and enforcement laws in the four jurisdictions. The discussion and analysis then is followed by a brief comparison between legislation of the four jurisdictions, trying to present an overview of the issue in the Greater China. Tough with different development level, all of these four jurisdictions have their own rules for foreign judgment recognition and enforcement. Mainland china, Taiwan and the MCSAR are of the continental civil law tradition. They have specific provisions for recognition and enforcement of foreign money judgments. The HKSAR is the only one out of the four tat has a common law tradition. However, taking recognition and enforcement of foreign judgments as a special areas, the HKSAR has codified its rules for recognition and enforcement of money judgments from former Commonwealth countries. For the money judgments from the other countries, the HKSAR applies common law for their recognition and enforcement in HKSAR. Strangely, the four Chinese jurisdictions have not yet set up a specific mutual judgment recognition and enforcement mechanism among themselves. Table of Contents: Abbreviations Introduction Chapter 1: Recognition and Enforcement of Foreign Judgments in the PRC Chapter 2: Recognition and Enforcement of Foreign Judgments in the Hong Kong Special Administrative Region Chapter 3: Recognition and Enforcement of Foreign Judgments in the Macau Special Administrative Region Chapter 4: Recognition and Enforcement of Foreign Judgments in Taiwan Chapter 5: Internal Comparison within Greater China Chapter 6: Recognition and Enforcement of Foreign Judgments in the United States of America Chapter 7: Recognition and Enforcement of Foreign Judgments in European Union Chapter 8: Hague Conventions for Recognition and Enforcement of Foreign Judgments Chapter 9: Comparison between the US System, EU System and the Choice of Court Convention Chapter 10: Conclusions Summary Samenvatting Bibliography Appendix