Case List of SCC Arbitral Awards in China

Thu, 14 Mar 2019 Insights
Editor: C. J. Observer

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Last updated: March 14, 2019

We are endeavoring to collect all Chinese court decisions involving the recognition and enforcement of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) 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 2 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 SCC arbitral award is refused


Result Arbitral Award Date Bases Petitioner Respondent Chinese Court Court Decision Grounds Non-acceptance (January 30, 2014) September 22, 2016 CPL Changsheng Trading Co.Inc Henan Jianghe Industry Co., Ltd. (河南江河工业有限责任公司) Jiangsu Higher People's Court (江苏省高级人民法院) [2016]苏民终783号 Lack of jurisdiction Yes V(2014/143)(October 9, 2015) August 14, 2017 New York Convention on Society Ltd. (SPS欧化公司) Panjin Heyun Industrial Group Co., Ltd. (盘锦和运实业集团有限公司) Dalian Intermediate People's Court (大连市中级人民法院) [2016]辽02协外认12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.

If you wish to receive news and gain deep insights into the Chinese judicial system, please feel free to subscribe to our newsletters (subscribe.chinajusticeobserver.com ).

Contributors: Guodong Du 杜国栋 , Meng Yu 余萌

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