Ending Chinese Lawfare Act

Summary#

The Ending Chinese Lawfare Act would stop U.S. courts from recognizing, enforcing, or giving effect to judgments, orders, decrees, or provisional measures issued by courts of the People’s Republic of China when a U.S. court finds the foreign proceeding was controlled or supported by the Chinese Communist Party or Chinese state entities and was substantially motivated by retaliation for protected political speech, lawful government action, or rights under the U.S. Constitution or laws. A U.S. court may decide this based on the totality of the circumstances, including lack of judicial independence, the plaintiff’s ties to the state or party, public statements by Chinese officials, the nature of the claims, and absence of due process.

The bill gives U.S. district courts original jurisdiction over actions seeking recognition or enforcement of such foreign judgments and allows removal of related state-court actions to federal court. The Attorney General may intervene as of right and submit statements of interest that courts must give substantial weight. If a party tries to enforce a barred foreign judgment, the prevailing party opposing enforcement must be awarded reasonable attorneys’ fees, costs, and expenses, including expert fees. The bill also allows persons or entities exposed to such foreign proceedings to bring civil actions in U.S. district court for declaratory and injunctive relief and defines several types of injury that count for standing. The bill includes a clause saying it does not require U.S. courts to recognize any foreign judgment and a severability clause.

What it means for you#

• If you are a person, company, or government entity that faced or faces a Chinese court proceeding that U.S. courts find was politically motivated and tied to Chinese state control, you could ask a U.S. court to refuse recognition or enforcement of that foreign judgment and seek a declaration or injunction.
• If someone tries to enforce a covered Chinese judgment against you in the United States, you may recover attorneys’ fees and costs if you prevail.
• Cases about enforcing these judgments would be heard in federal district court, and the U.S. Department of Justice may join and offer a statement of interest.

Expenses#

• The bill requires that a prevailing party opposing enforcement of a barred judgment be awarded reasonable attorneys’ fees, costs, and expenses, including expert fees.
• No publicly available information on overall budgetary costs, effects on federal or state spending, or expected administrative expenses is provided in the bill text or metadata.

Proponents' View#

• The bill’s findings say Chinese courts are constitutionally subordinate to the Chinese Communist Party and have been used as instruments of state policy.
• Proponents argue the United States has a compelling interest in protecting First Amendment rights, preserving sovereignty, and preventing foreign courts from using judicial processes to retaliate against or chill lawful speech and official actions.

Opponents' View#

No publicly available information.