Last updated: March 14, 2019
We are endeavoring to collect all Chinese court decisions involving the recognition and enforcement of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (ICAC, Международный коммерческий арбитражный суд) arbitral awards. The Case List is made available for our readers to get a glimpse of the role of Chinese courts in international arbitration.
The Case List is continually updated with new reports. To date, we have collected 5 cases.
Result:
“Yes” - a Chinese court ruling is rendered on the recognition and enforcement of the arbitral award.
“No” - a Chinese court ruling is rendered against the recognition and enforcement of the arbitral award.
“Partial enforcement” - a Chinese court ruling is rendered on partial enforcement of the arbitral award.
“Withdrawal” - a Chinese court ruling is rendered to grant the motion to withdraw.
“Dismissal” - a Chinese court ruling is rendered to dismiss the application.
“Non-acceptance” - a Chinese court ruling is rendered to refuse to accept the case.
Arbitral Award:
The case number (and the date) of the arbitral award
Date:
The date of the Chinese court ruling
Bases:
“New York Convention” - The Chinese court ruling was rendered based on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”)
“Arrangement” - The Chinese court ruling was rendered based on the Arrangement of the Supreme People's Court on the Mutual Execution of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region (the “Arrangement”)
“CPL” - The Civil Procedure Law of the People's Republic of China
Petitioner:
The party filing a petition to recognize and enforce the arbitral award
Respondent:
The party against whom the arbitral award is invoked
Chinese court:
The Chinese court that rendered the ruling
Court decision:
The docket number of the Chinese court ruling
Grounds:
The specific ground for refusal under the New York Convention or under the Arrangement, if the recognition and enforcement of an ICAC arbitral award is refused
Result Arbitral Award Date Bases Petitioner Respondent Chinese Court Court Decision Grounds Yes No. 252/2016 (August 3, 2017) April 4, 2018 New York Convention VALF-RUS, Limited Liability Company Zhejiang Taizhou Huangyan Jingzheng Mould Co., Ltd. (浙江台州黄岩精正模具有限公司) Taizhou Intermediate People's Court (台州市中级人民法院) （2018）浙10协外认1号 Yes No. 35/2014 (November 13, 2014) December 20, 2017 New York Convention Russian Season Ltd. Yongkang Tefan Import and Export Co., Ltd. (永康市特凡进出口有限公司) Jinhua Intermediate People's Court (金华市中级人民法院) （2016）浙07协外认3号 Yes No. 228/2013 (July 23, 2014) May 23, 2017 New York Convention Russian Season Ltd. Zhejiang Wuyi Wanlong Door Industry Co., Ltd. (浙江武义万隆门业有限公司) Jinhua Intermediate People's Court (金华市中级人民法院) （2016）浙07协外认2号 Yes No. 34/2014 (November 10, 2014) July 19, 2016 New York Convention Skif Cargo Transportation Co., Ltd. (斯基夫货物运输有限公司) Suzhou Tianma Fine Chemicals Co., Ltd. (苏州天马精细化学品股份有限公司) Suzhou Intermediate People's Court (苏州市中级人民法院) （2015）苏中协仲认字第00003号 Yes No. 258/013 (May 22, 2014) October 26, 2015 New York Convention Ostin Ltd. Zhejiang Huateng Garment Co., Ltd. (浙江华腾制衣有限公司) Shaoxing Intermediate People's Court (绍兴市中级人民法院) （2015）浙绍仲确字第3号
If you would like to discuss with us about the post, or share your views and suggestions, please contact Ms. Meng Yu (meng.yu@chinajusticeobserver.com). If you would like to acquire the full text of these decisions, please also contact Ms. Meng Yu.
If you need legal services for the recognition and enforcement of foreign judgments and arbitral awards in China, please contact Mr. Guodong Du (guodong.du@chinajusticeobserver.com ). Du and his team of experienced attorneys will be able to assist you.
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Contributors: Guodong Du 杜国栋 , Meng Yu 余萌
