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Chinese Journal of International Law 2008 7(1):143-158; doi:10.1093/chinesejil/jmn007
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© The Author 2008. Published by Oxford University Press. All rights reserved

COURTS & TRIBUNALS

The EOS Engineering Corporation Case and the Nemo Debet Bis Vexari Pro Una et Eadem Causa Principle in China

LU Song *

Nemo Debet Bis Vexari Pro Una et Eadem Causa is a general principle of civil procedure applied domestically in China. Foreign judgments are not regarded as res judicata unless an applicable international treaty requires otherwise. The ruling in the EOS case by the Supreme People's Court in 2003 clarified to some extent the elements that should be considered when applying this principle.

* Director, Institute of International Law, China Foreign Affairs University (email: lusong99{at}gmail.com; lusong{at}cietac.org). This paper was completed in September of 2007. The author wishes to acknowledge his thanks to Judge GAO Xiaoli of the Supreme People's Court of the People's Republic of China for her review of and valuable comments on this article.


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