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Renmin University of China Law School
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MAR 2018 ACADEMIC NEWS: RECOGNITION AND ENFORCEMENT OF JUDGMENTS AMONG CHINA, JAPAN AND SOUTH KOREA IN THE NEW ERA


           Recognition and enforcement of judgments (hereinafter the “REJ”) in civil and commercial matters among jurisdictions has become a global focal point that is full ofpractical and theoretical significance. Against this broad backdrop, major world playersincluding Asian countries such as China, South Korea and Japan have been activelyparticipating in the global judgments project, aiming at promoting free movement ofjudgments in parallel with free movement of goods, services, capital and labor.Unfortunately, despite the immense volume of civil and commercial interactions, Chinaand Japan have been stuck in the REJ deadlock ever since China first refused to recognizeJapanese judgments in the infamous 1994 case Gomi Akira. After this misfortune, bothChinese and Japanese courts have waged rounds of repeated refusals or revenges, forminga vicious circle in the guise of the so-called reciprocity. The Sino-Japanese REJ stalemateis considered to be illustrative of the most formidable blockades lying on the way to freemovement of judgments. Among China and South Korea, the REJ future is promising.Although China refused to recognize, at least in one case, Korean judgments for lack ofreciprocity, Korean courts have nevertheless recognized Chinese courts on a reciprocity basis. The positive move by Korean courts may well pave the way for Chinese courts torecognize Korean judgments in the future. Ever since 2015, China has been advancing itsBelt & Road Initiative, which provides a very good platform for promoting judicialcooperation, especially for turning a new page for REJ among China, South Korea andJapan. We also witness the encouraging China’s recent series of movements in the field ofpromoting judicial cooperation with other jurisdictions or institutions.

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