Cross-Border Litigation in England & Wales: How Duan & Duan UK Assists

Why England is a Leading Forum for International Disputes

England and Wales is one of the world's pre-eminent jurisdictions for commercial dispute resolution. The English courts are internationally respected for their independence, procedural fairness, and high-quality judiciary. English common law principles are widely applied across the globe, particularly in financial, commercial, and shipping disputes. Many international commercial contracts specify English law as the governing law and the English courts (or London arbitration) as the forum for dispute resolution. For Chinese businesses and individuals with cross-border legal disputes, England is frequently the most appropriate or contractually agreed forum.

When English Courts Will Accept Jurisdiction

English courts will accept jurisdiction over a dispute where the defendant is physically present in England and Wales (or in the case of a company, incorporated or registered there), where the parties have agreed to submit to English jurisdiction by contract, or where the claimant obtains the court's permission to serve proceedings outside the jurisdiction. The rules governing service out of the jurisdiction are set out in CPR Part 6, and the claimant must satisfy the court that: there is a serious issue to be tried on the merits; there is a good arguable case that the claim falls within one of the 'gateways' in Practice Direction 6B (such as a contract governed by English law, a tort committed within the jurisdiction, or a contract to be performed in England); and England is the most appropriate forum (the 'forum conveniens' test).

Choice of Law

Jurisdiction (which court hears the case) and governing law (which country's law applies) are related but distinct questions. An English court may hear a dispute governed by Chinese law, or vice versa. Where a contract specifies English law, the English courts will apply English law. Where no law is specified, English courts apply the rules in the Rome I Regulation (for contractual obligations) or Rome II Regulation (for non-contractual obligations) to determine the applicable law. This can have significant practical consequences: the substantive rights and remedies available to the parties may depend on which law applies, and expert evidence on foreign law may be required in the English proceedings.

Enforcement of Foreign Judgments in England

If a party has obtained a judgment in a foreign court — for example, a Chinese court — and the defendant has assets in England, it may be possible to enforce that judgment in the English courts. The mechanism depends on whether a bilateral treaty exists between England and the foreign jurisdiction. Currently, there is no bilateral enforcement treaty between England and Wales and China. Absent a treaty, the claimant can bring a fresh action in the English courts based on the foreign judgment as a debt. The English court will recognise the foreign judgment provided it was issued by a court of competent jurisdiction, following a fair procedure, and is final and conclusive. The defendant may raise limited defences, including fraud, public policy, and denial of natural justice.

Enforcement of English Judgments Abroad

English judgments may be enforceable in other jurisdictions, depending on the existence of bilateral treaties or common law principles of enforcement. Within jurisdictions that have adopted the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (which the UK signed on 12 January 2024, ratified on 27 June 2024, and which entered into force for the UK on 1 July 2025), English judgments may enjoy enhanced recognition. For Chinese counterparties, the practical enforceability of an English judgment in China requires specialist advice from lawyers in both jurisdictions, as the Chinese courts apply their own rules for recognising foreign judgments.

Arbitration as an Alternative

For many cross-border commercial disputes, international arbitration is a more practical alternative to court litigation. London is one of the world's leading arbitration seats, hosting the London Court of International Arbitration (LCIA) and other leading institutions. Arbitration awards made in England are enforceable in over 160 countries under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, to which China is a signatory. This makes London arbitration particularly attractive for contracts involving Chinese counterparties, as an English arbitral award may be easier to enforce in China than an English court judgment.

How Duan & Duan UK LLP Can Assist

Duan & Duan UK LLP's litigation team has specialist experience in cross-border disputes involving Chinese and English legal systems. We advise on jurisdiction strategy, service of proceedings abroad, obtaining recognition of Chinese court judgments in England, and enforcing English judgments overseas. We work closely with partner firms in China and other jurisdictions to ensure comprehensive coverage of multi-jurisdictional disputes. Our bilingual solicitors can communicate directly with Chinese clients and counterparties, bridging the language and cultural gap that is often a significant practical challenge in cross-border litigation.

⚠ Disclaimer: This article is for informational purposes only and does not constitute legal advice. Cross-border litigation involves complex jurisdictional, procedural, and substantive law questions that vary with every case. You should instruct a qualified solicitor with experience in international litigation before taking any steps in cross-border proceedings.

Contact Duan & Duan UK LLP — Duan & Duan UK LLP provides specialist cross-border litigation and dispute resolution services. If you have a dispute with an international dimension involving England and Wales, contact us for a consultation with our experienced team.