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.
Recognizing and Enforcing Foreign Arbitral Awards in China
The survey (2019-2020) shows that court fees in most courts are charged per case basis (either 400 CNY or 500 CNY), rather than in proportion to the subject matter amount, which is undoubtedly good news for those wishing to enforce foreign arbitral awards.
To enforce a foreign arbitral award in China, the average length of proceedings is 596 days, the court costs are no more than 1.35% of the amount in controversy or 500 CNY, and the attorney's fees are, on average, 7.6% of the amount in controversy.
In 2019, the Chinese courts have heard a total of 30 cases concerning the recognition and enforcement of foreign arbitral awards.
When it comes to the stage of recognition and enforcement, limitation period is a decisive factor but can be easily ignored by the winning parties.
How would Chinese courts view arbitral awards where foreign tribunals reject a force majeure claim connected to the coronavirus (COVID-19) pandemic?
China Refuses to Recognize a Foreign Arbitral Award on the Grounds of Public Policy for the 2nd Time in 10 Years
On the grounds of public policy, the Tianjin Maritime Court refused to enforce an arbitral award made in London on 1st July 2018.
How will Chinese Courts Review the Arbitral Awards Made by Foreign Arbitration Institutions in Mainland China?
On what basis would Chinese courts examine the arbitral awards made by foreign arbitration institutions in mainland China, the New York Convention or Chinese domestic law? The answer is the latter.
How do Chinese courts view public policy in judicial review of arbitration? Judge Song Jianli (宋建立) from the Supreme People’s Court expresses his views on that.
In 2018, Chinese courts have heard a total of 25 cases in relation to recognition and enforcement of foreign arbitral awards.