Enforcement FAQ for Foreign Clients
Common questions foreign creditors, investors and individuals ask before engaging China enforcement counsel.
1. How do I enforce a foreign arbitral award in China?
China is a contracting state to the 1958 New York Convention. Awards from other member jurisdictions (e.g. SIAC, HKIAC, ICC, LCIA) can be recognized and enforced by a Chinese intermediate court where the debtor is domiciled or has assets. In 2024 Chinese courts concluded 42 such cases with zero refusals — a strongly pro-enforcement environment.
We handle the recognition application, asset localization and enforcement execution end-to-end under PRC procedure.
2. Can a foreign court judgment be enforced in China?
Yes. Recognition is granted on the basis of an international treaty or the principle of reciprocity (互惠). Chinese courts have taken an increasingly open, pro-recognition stance in recent years. We assess treaty coverage and available reciprocity routes on a case-by-case basis.
For arbitral awards the New York Convention route is usually faster and more predictable than the judgment-recognition route.
3. I won a case in China but the debtor will not pay — what can I do?
This is domestic enforcement (执行). We use court investigation orders (调查令), asset tracing across bank, Alipay and WeChat, petition to resume terminated cases (终本恢复), and, where warranted, criminal referral for refusal to enforce (拒执罪).
Most 'no-asset' cases are under-traced. Three years of bank flows, social-insurance and affiliated-company data often surface hidden assets.
4. Can you trace a Chinese debtor's hidden assets?
Yes. We locate bank flows, equity, IP, real estate, and Alipay/WeChat balances through a three-subject penetration method (三主体穿透) backed by court-assisted investigation.
The key is reverse-searching from the person to all of their payment accounts, not just the bank cards they disclose.
5. My Chinese counterparty owes me and has disappeared. What are my options?
We apply for enforcement, request the debtor's asset report, and pursue leads through financial traces and court-led control measures (临控). Many 'disappeared' debtors are still collectible through their assets.
Enforcement targets assets, not the debtor's physical presence. Property tracing is the priority.
6. Do you practice foreign law?
No. We handle PRC-law matters only — enforcement and dispute resolution within mainland China. For enforcement outside China we coordinate with local counsel in that jurisdiction.
This keeps our advice precise and within our admission, and avoids unauthorized practice of foreign law.
7. Which regions do you cover?
Primarily Beijing, with active practice across Northeast China (Anshan / 鞍山 and surrounding regions), and we accept cross-regional enforcement collaboration.
Cross-region enforcement relies on asset-clue coordination rather than where the lawyer sits.
8. How are fees structured, and do you offer contingency?
Typically by matter or risk-contingent (no recovery, no fee) within the limits set by local bar rules; an initial case assessment is available. We do not make outcome guarantees.
Contingency is permitted for certain enforcement matters subject to provincial bar guidance; we confirm scope in the engagement letter.