Recognition of Chinese Court Decisions in Russia
Must Originate from China
Must Originate from China
Mikhail Samoylov, August 12, 2025
In Case No. A56-120092/2023, the cassation court confirmed that an application for the recognition and enforcement of a court decision issued by a Chinese court in Russia must be submitted in accordance with Article 17 of the Treaty Between the People’s Republic of China and the Russian Federation on Judicial Assistance in Civil and Criminal Matters dated June 19, 1992, rather than under Russian procedural law.
In the case at hand, a Chinese company sought recognition and enforcement in Russia of a Chinese court decision rendered against a Russian company.
The Russian Federation and the People’s Republic of China are parties to the Treaty on Judicial Assistance in Civil and Criminal Matters (signed in Beijing on June 19, 1992), which, among other things, governs the recognition and enforcement of court decisions and entered into force on November 14, 1993.
According to Article 17 of the Treaty, an application for recognition and enforcement must be submitted to the court that rendered the decision. That court is then responsible for transmitting the decision to a court in the other Contracting Party’s country.
The Chinese company disregarded Article 17 of the Treaty and filed its application for recognition and enforcement directly with a Russian court, relying on Russian procedural law instead.
The court of first instance discontinued the proceedings, and the cassation court, in its decision dated July 31, 2025, upheld the lower court’s approach, reiterating that under Article 17 of the Treaty, an application for recognition and enforcement must be submitted to the court that rendered the decision.
In the case at hand, a Chinese company sought recognition and enforcement in Russia of a Chinese court decision rendered against a Russian company.
The Russian Federation and the People’s Republic of China are parties to the Treaty on Judicial Assistance in Civil and Criminal Matters (signed in Beijing on June 19, 1992), which, among other things, governs the recognition and enforcement of court decisions and entered into force on November 14, 1993.
According to Article 17 of the Treaty, an application for recognition and enforcement must be submitted to the court that rendered the decision. That court is then responsible for transmitting the decision to a court in the other Contracting Party’s country.
The Chinese company disregarded Article 17 of the Treaty and filed its application for recognition and enforcement directly with a Russian court, relying on Russian procedural law instead.
The court of first instance discontinued the proceedings, and the cassation court, in its decision dated July 31, 2025, upheld the lower court’s approach, reiterating that under Article 17 of the Treaty, an application for recognition and enforcement must be submitted to the court that rendered the decision.
(с) Mikhail Samoylov. 2025.
