CHINA PR 54

Supreme People’s Court, 19 December 2017, Docket No. (2017) Zui Gao Min Ta No. 96

(Louis Dreyfus Commodities Suisse SA v. Ningbo Qiancheng Import & Export Co., Ltd.)

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Supreme People’s Court, 19 December 2017, Docket No. (2017) Zui Gao Min Ta No. 96

(Louis Dreyfus Commodities Suisse SA v. Ningbo Qiancheng Import & Export Co., Ltd.)

 

 

19 - 12 - 2017

CHINA PR 54

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XL (2025)
Jurisdiction China
Summary

Replying to the request for instructions from a High People’s Court, the Supreme People’s Court instructed the lower court to recognize a UK award issued by the International Cotton Association (ICA). The High People’s Court had found against recognition, on the ground that the award decided on an inseverable aggregate amount covering twenty-two contracts between the parties, but that the conclusion by email of three of those contracts was not sufficiently proven (the other contracts had been concluded by fax). The Supreme People’s Court noted that, prior to the commencement of the arbitration, the applicant had served a notice of termination to the respondent which listed all the twenty-two contracts at issue, and that the respondent had replied asking for negotiations because on performance difficulties, but had not disputed the contracts’ existence. The Court held that the respondent’s reply proved the existence of the contracts, including the arbitration clauses therein.

Related topics
207

The court discusses what more recent means of communication are also covered by the “exchange of letters or telegrams” alternative: telefax, email, e-commerce, etc.

Means of communication for achieving the exchange in writing
512 Ground c: Excess by arbitrator of his authority - Excess of authority
512A Partial enforcement (ultra petita)
CHINA PR 54