The Reciprocity Barrier in Private International Law
suitable For: Judgments from countries without judicial treaties with China.
Example: In a case involving an Austrian heir, the lack of a treaty and reciprocity precedents led to the rejection of the foreign judgment.
Core Issue: Recognition depends on mutual judicial respect between nations, which is often unpredictable.
Yuanjia Solution: We bypass direct recognition and instead initiate new domestic litigation, using the foreign documents as primary evidence.
Active Rejection via Forum Non Conveniens
suitable For: Parties residing abroad with existing foreign litigation.
Example: In a US-Korea-China jurisdictional conflict, the court may find it "inconvenient" to try the case if the facts occurred elsewhere.
Core Issue: Courts exercise discretion to optimize judicial resources by refusing cases better suited for other jurisdictions.
Yuanjia Solution: We use the appeal period as leverage to reach a global settlement through the Beijing Third Intermediate People's Court.
