CHINA PR 33

Supreme People’s Court, 13 July 2005, [2001] Min Si Ta Zi No. 12

(Mitsui & Co. Corporation v. Hainan Textile Industry General Corporation)

13 - 07 - 2005

CHINA PR 33

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVII (2022)
Jurisdiction China
Original full text Full text decision CHINA PR 33
Excerpt Excerpt decision CHINA PR 33
Summary

The Supreme People’s Court denied the proposal of the first instance court and the appellate court to deny the application for the enforcement of an SCC award on grounds of public policy. The Court held that the contravention of mandatory Chinese law requiring approval and registration of foreign debts did not per se constitute a violation of Chinese public policy within the meaning of Art. V(2)(b) of the 1958 New York Convention.
Related topics
518

Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

Paragraph 2 - Distinction domestic-international public policy
524

Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.

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CHINA PR 33