Enforcing Chinese Court Judgments in England and Wales: A Practical Guide

Introduction

As trade and investment flows between China and the United Kingdom continue to grow, disputes between Chinese and English parties are becoming more frequent. Where a Chinese court has already determined the dispute and made a judgment, the successful party may need to enforce that judgment in England and Wales — particularly where the judgment debtor holds assets in this jurisdiction.

This guide explains the legal framework for enforcing Chinese court judgments in England, the practical requirements, and the key challenges that parties should anticipate.

The Absence of a Bilateral Treaty

There is currently no bilateral treaty between the United Kingdom and the People's Republic of China for the mutual recognition and enforcement of court judgments. This means that Chinese judgments cannot be enforced in England under a simplified statutory regime.

Instead, the party seeking enforcement must bring a fresh action in the English courts, relying on the foreign judgment as evidence of a debt owed by the judgment debtor.

The Common Law Route to Enforcement

Under English common law, a foreign judgment that orders the payment of a definite sum of money can form the basis of an action in debt in the English courts. The claimant issues proceedings claiming the judgment sum and applies for summary judgment on the ground that the defendant has no real prospect of successfully defending the claim.

For the English court to recognise the Chinese judgment, the following conditions must be satisfied. The Chinese court must have had jurisdiction over the matter according to English conflict of laws rules. The judgment must be final and conclusive — that is, it must not be subject to further appeal in the Chinese court system (though a judgment that is merely being appealed is still generally considered "final"). The judgment must be for a definite sum of money, not for taxes, penalties, or other public law obligations.

Grounds on Which Recognition May Be Refused

Even where the basic conditions are met, the English court may refuse to recognise a Chinese judgment on several grounds. These include fraud — where the judgment was obtained by fraud on the part of the successful party. They also include breach of natural justice — where the proceedings in the Chinese court were conducted in a manner that denied the defendant a fair hearing. Additionally, public policy — where enforcement of the judgment would be contrary to English public policy — provides a ground for refusal.

The defendant may also argue that the Chinese court lacked jurisdiction under English conflict of laws rules, even if it had jurisdiction under Chinese law.

Practical Challenges

Enforcing Chinese judgments in England presents several practical challenges. Court documents and the judgment itself will typically be in Mandarin and must be translated into English by a certified translator. Evidence of the Chinese court's jurisdiction and the finality of the judgment may require expert evidence on Chinese law. The process of issuing English proceedings, obtaining service, and applying for summary judgment can take several months.

For these reasons, it is important to instruct solicitors with experience in both Chinese and English legal systems, who can manage the process efficiently and anticipate potential obstacles.

The Hague Judgments Convention

The Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters 2019 offers a potential framework for simplified enforcement between signatory states. The United Kingdom signed the Convention on 12 January 2024, ratified it on 27 June 2024, and it entered into force for the UK on 1 July 2025.

China has not yet ratified the Convention. If and when China does ratify it, Chinese court judgments may become enforceable in England under a streamlined statutory procedure, and vice versa. This is a development that businesses engaged in UK-China trade should monitor closely.

Arbitration as an Alternative

For parties who anticipate the need for cross-border enforcement, international arbitration is often a more practical option than court litigation. Arbitral awards made in London are enforceable in China under the New York Convention 1958, to which both the UK and China are signatories.

By specifying London arbitration (for example, under the rules of the London Court of International Arbitration) in their commercial contracts, parties can ensure that any award is enforceable in both jurisdictions without the complications associated with enforcing court judgments.

How Duan & Duan UK LLP Can Assist

Duan & Duan UK LLP has specific expertise in cross-border enforcement matters between China and England. Our bilingual litigation team advises on the recognition and enforcement of Chinese judgments in the English courts, the enforcement of English judgments and arbitral awards in China (in coordination with our network of partner firms), and jurisdiction and governing law strategy in cross-border commercial contracts.

We communicate directly with Chinese-speaking clients and counterparties, and we have the linguistic capability to review Chinese court documents, judgments, and supporting evidence in their original language.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Cross-border enforcement involves complex questions of private international law, and you should seek specific legal advice before taking any steps.

Contact Duan & Duan UK LLP — For advice on enforcing a Chinese judgment in England or an English judgment in China, contact our cross-border litigation team. Call +44 020 3036 0264 or email office@duanduanuk.com.