Jurisdiction(s):
United Kingdom

Hong Kong and Mainland China: Reciprocal Recognition and Enforcement Regime for Civil and Commercial Judgments (from 29 January 2024), Including Non-Monetary Relief and No Exclusive Jurisdiction Requirement

Published on: 29 May 2024

Published by a LexisNexis Arbitration expert

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Article summary

Key takeaways

From 29 January 2024, the Arrangement comes into force in Hong Kong and Mainland China. It will streamline the cross-border recognition and enforcement of the majority of civil and commercial judgments across both legal systems and jurisdictions.
The Arrangement marks a material enhancement to the existing regime, giving parties engaged in Hong Kong and Mainland Chinese proceedings heightened confidence that, where criteria are met, eligible judgments will be recognised and enforced.
It also allows for the recognition of non-monetary judgments, empowering judgment creditors to seek enforcement of injunctions and orders for specific performance. In addition, the Arrangement’s simplified jurisdictional criteria will materially ease enforcement by Hong Kong judgment creditors against assets within Mainland China, and by Mainland Chinese judgment creditors against assets within Hong Kong.

Introduction

Effective from 29 January 2024, the Arrangement will apply in Hong Kong and Mainland China. It is intended to support the mutual recognition and enforcement of most types of civil and commercial judgments between the two jurisdictions. The Arrangement offers parties to Hong Kong and Mainland Chinese litigation greater assurance and predictability that qualifying judgments will be recognised and enforced...

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