US-China Commission Asks Congress to Mandate Evaluation of Chinese Legal System
The U.S.-China Economic and Security Review Commission suggested that Congress should pass legislation requiring the U.S. Judicial Conference to "prepare an evaluation and guidance for U.S. courts" on the Chinese legal system to aid courts in "assessing recognition of Chinese judgments." In its 2023 Report to Congress, the commission said that the Judicial Conference's guidance also would cover "change of venue, choice of law, and forum non conveniens inquiries."
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
In addition, the commission recommended that Congress "enact legislation to address politically oppressive lawsuits initiated by the Chinese government or its proxies attempting to silence, intimidate, or impose significant litigation costs on parties for exercising protected rights through political engagement or other public participation." This legislation would allow for "expected consideration of efforts to dismiss such lawsuits" and prevent lengthy and expensive discovery proceedings until a "threshold determination" has been made on the suit's merits.