The world's leading legal ratings agency Chambers and Partners recently published its Global Practice Guide on Enforcement of Judgments (2025) (the "Guide"). Han Kun contributed the Law and Practice and Trends and Developments sections for the China chapter of the Guide. The contributors include Yaxing Zhang, Bing San, Yi Cao, Lubin Qiang and Jiahui Zhu.
The Law and Practice section provides a comprehensive and systematic introduction to the key steps for applying for enforcement in the mainland of China. This includes investigations into asset clues, various available enforcement measures, required costs and time, circumstances for non-enforcement, and remedial measures to safeguard enforcement. This section also specifically covers the regimes for seeking recognition and enforcement in the mainland of China for judgments and arbitral awards from foreign countries, Hong Kong, Macao, and Taiwan.
The Trends and Developments section summarizes recent practices and trends in the recognition and enforcement of foreign judgments in the mainland of China. This includes the evolving standard of review, shifting from "factual reciprocity" towards "legal reciprocity," and the various grounds for refusal in recognition and enforcement. In addition, this section explores strategies for creditors facing enforcement impasses, highlighting both civil and remedial measures, including adding additional judgment debtors, initiating creditor's revocation actions, pursuing criminal liability for refusal to comply with judgments and converting enforcement proceedings into bankruptcy.
Han Kun's Commercial Dispute Resolution team comprises a group of highly experienced and accomplished lawyers, each with established expertise in their respective fields. The team is consistently recognized as one of China's top-tier dispute resolution practices. In terms of professionalism, all team members are graduates of premier law schools both domestically and internationally. Some members also possess prior work experience within the People's Courts. The team has extensive experience acting as advocates in significant litigation, arbitration, and administrative review cases before Chinese and foreign courts, arbitral tribunals, and administrative agencies, providing them with profound and unique insights into the operation of legal systems and specific judicial practices. Furthermore, several lawyers on the team are qualified to practice in jurisdictions such as the United States and Hong Kong. Their multilingual capabilities enable them to provide clients with comprehensive legal services in the dispute resolution arena that are cross-jurisdictional, cross-lingual, cross-disciplinary, and cross-industry.
