On 16 Jan. 2024, China’s Supreme People’s Court (SPC) released ten typical cases of judicial review of arbitration. The SPC aims to unify the standards for judicial review of arbitration across the country by publishing typical cases, which also helps guide arbitration institutions in handling arbitration cases in accordance with the law.
Taking Case 1 (2021) Yue 06 Xie Wai Ren No. 1 ((2021)粤06协外认1号) of the Foshan Intermediate People’s Court, Guangdong, as an example, the case involves the application for recognition and enforcement of the arbitral award of the International Commercial Arbitration Court under the Uzbekistan Chamber of Commerce and Industry by Uzbekistan Art Mosaic Co., Ltd. The case concerns a contract dispute over an international sale of goods between companies from China and Uzbekistan, with the foreign arbitral award made by an Uzbekistan arbitration institution.
In this case, the seal affixed by the Chinese party was not a legally registered official company seal. Taking into account the negotiation, signing, and performance of the contract, the court found that the foreign party had fulfilled its reasonable duty of care. Therefore, the court confirmed the existence of a valid arbitration agreement between the Chinese and foreign parties. This case reflects the Chinese courts’ good faith in fulfilling international treaty obligations, strict adherence to the New York Convention on the recognition and enforcement of foreign arbitral awards.
Contributors: CJO Staff Contributors Team
