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CHINA PR 34
Supreme People’s Court, 13 March 2009, [2008] Min Si Ta Zi No. 48
(GRD Minproc Ltd. v. Shanghai Feilun Industrial Co. Ltd.)
CHINA PR 34
The Supreme People’s Court instructed the appellate court not to deny enforcement of an SCC award on public policy grounds. The award had denied the substantive claims of the present respondent in respect of defects of purchased equipment, which had caused pollution and potential health damage, and had directed the respondent to pay the costs incurred by the present petitioner in the arbitration. The Court explained that, while there could be multiple reasons for the equipment’s malfunctioning, the respondent had chosen to commence arbitration in respect of its quality – a dispute covered by the valid arbitration clause in the parties’ contract; hence, the respondent had to comply with the outcome of that arbitration. The Court found that though the merits of the award were alleged to be unfair, this did not constitute a violation of the fundamental interests of Chinese society, general principles of law, or good morals. (See PR China no. 35 for a later decision in this case.)
The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.
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.
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.