Conflict of jurisdiction and enforcement of arbitral awards and judgments between the UK and China

Abstract

Parties may agree in contracts of international business to the English court’s jurisdiction or London arbitration. However, Chinese courts may exercise jurisdiction over the same dispute between the same parties on the same subject matter under Chinese law. Parallel proceedings and conflict of jurisdictions may thus occur. Foreign parties may apply for anti-suit injunctions against Chinese parties who start or continue Chinese court proceedings. However, anti-suit injunctions are not recognised by Chinese courts. Accordingly, recognition and enforcement on foreign judgments under parallel proceedings become difficult. This article examines how Chinese courts obtain jurisdiction even though there are agreements on foreign jurisdiction or arbitration. Obstacles to achieving enforcement of arbitral tribunal and foreign judgments under parallel proceedings are analysed and solutions are discussed.

More information

Identifiers

ORCID for Liang Zhao: orcid.org/0000-0003-1299-1000

Catalogue record

Export record