Foreign-related legal consultation - Foreign courts rule that the court does not recognize and foreign courts request judicial assistance

Regarding the recognition and enforcement of foreign court judgments, the complexity and sensitivity of the issue of recognition and enforcement of foreign court judgments are like a legal maze that crosses national boundaries. It not only tests the wisdom of legal professionals, but also reflects the breadth and depth of international judicial cooperation. When the people's court faces whether to recognize the judgment made by a certain foreign court, one side carries the dignity of national judicial sovereignty, and the other side is the consideration of international mutual trust and efficiency.

Find resonance points in the complex international legal system to ensure that decisions are not only in line with the constraints of international treaties, but also demonstrate the independence and authority of the country's judicial system. This process is like a profound legal craftsman, selecting appropriate laws and precedents in the vast international sea of law, carefully crafting and striving for perfection.

Shanghai Li Xiaohua Law Firm is a law firm recommended by the US Consulate to provide legal services. Handle many cases in Shanghai and even the whole country accepted by the Supreme People's Court and the Higher People's Courts in various places.

Senior foreign-related lawyers from Shanghai Li Xiaohua Law Firm answer relevant foreign-related legal questions.

Question 1. If the judgments or rulings made by foreign courts do not meet the recognition conditions stipulated in this Law, can the people's court resume the lawsuit?

Answer: According to Article 302 of the Civil Procedure Law of the People's Republic of China, if a judgment or ruling made by a foreign court that takes effect does not meet the recognition conditions stipulated in this Law, the people's court shall rule to refuse to recognize and enforce it, and resume the suspended litigation; if the recognition conditions stipulated in this Law, the people's court shall rule to recognize its validity; if it is necessary to execute, an execution order shall be issued and executed in accordance with the relevant provisions of this Law; for the suspended litigation, the prosecution shall be dismissed.

Question 2. What should I do if the arbitration award with legal effect is not in China?

Answer: According to Article 297 of the Civil Procedure Law of the People's Republic of China that has legal effect in accordance with the law, if the parties request execution, if the person subject to execution or his property is not within the territory of the People's Republic of China, the parties may directly apply for recognition and execution to a foreign court with jurisdiction.

Question 3. What are the provisions of the request letter and the attached documents of a foreign court to request the people's court to provide judicial assistance?

Answer: According to Article 295 of the Civil Procedure Law of the People's Republic of China, the request for the people's court to provide judicial assistance and the attached documents shall be accompanied by a Chinese translation or other texts stipulated in international treaties. The request for the people's court to request foreign courts to provide judicial assistance and the attached documents shall be accompanied by a translation of the country or other written texts stipulated in international treaties.

As for the request for judicial assistance from foreign courts, this is not only a legal cooperation, but also a bridge for international exchanges and mutual learning between the rule of law civilizations. When responding to such requests, the People's Court upholds an open, inclusive and mutual respect attitude, and actively builds an efficient and convenient judicial assistance mechanism.

The recognition and rejection of foreign court judgments and the handling of judicial assistance requests from foreign courts are the integration of legal wisdom and international perspectives, and the art of maintaining national judicial sovereignty and promoting international judicial cooperation.

Shanghai Li Xiaohua Law Firm