You have two options: to apply for setting aside the arbitral award, or to apply for non-enforcement of the arbitral award.
Arbitration in China
Building the arbitration credibility and the opening-up of arbitration sector in Shanghai and Beijing FTZs are highlights of China's latest arbitration policies.
China's arbitration policies have been increasing since 2015, and the arbitration is gradually gaining widespread attention. We need to understand why this is happening.
No, the agreement, at least the part relating to the organizational structure and internal governance matters, may not be arbitrable, says Beijing Second Intermediate People's Court in Tang v. Beijing XX Decoration Technology Company (2019).
In 2019, the Chinese courts have heard a total of 30 cases concerning the recognition and enforcement of foreign arbitral awards.
Deepen Interregional Judicial Assistance, Uphold and Improve the “One Country, Two Systems” Principle - Comments on the Supplemental Arrangement on the Mutual Enforcement of Arbitral Awards between the Mainland and the HKSAR
The Supplemental Arrangement on the Mutual Enforcement of Arbitral Awards between the Mainland and Hong Kong SAR (2020) provides detailed interpretation on reciprocal enforcement of arbitral awards, and further refines the interregional judicial assistance system.
Mainland China and Hong Kong Sign Supplementary Arrangement Concerning Mutual Enforcement of Arbitral Awards - China Legal News
Supplementary Arrangement Concerning Mutual Enforcement of Arbitration Awards between Mainland and Hong Kong was concluded in November 2020.
Hubei High People’s Court formulated the Guiding Opinions on Regulating the Judicial Review of Arbitration in November 2020.
The WIPO Arbitration and Mediation Shanghai Service, the first business organization of foreign arbitration institutions in China, has begun handling cases in 2020.
Today, 15 Oct. 2020, the International Commercial Dispute Prevention and Settlement Organization (ICDPASO, 国际商事争端预防与解决组织) has been established in Beijing, China. As a non-governmental international organization, ICDPASO will provide legal services including commercial arbitration, commercial mediation, investment arbitration and dispute prevention for countries/regions around the globe.