CHINA PR 56

Intermediate People’s Court, Jiangsu Province, Suzhou, 4 January 2021, Docket No. (2019) Su 05 Xie Wai Ren No. 6

(OOO SPHERAMET v. Zhangjiagang Wansheng New Material Co., ... Read more

Intermediate People’s Court, Jiangsu Province, Suzhou, 4 January 2021, Docket No. (2019) Su 05 Xie Wai Ren No. 6

(OOO SPHERAMET v. Zhangjiagang Wansheng New Material Co., Ltd.)

 

04 - 01 - 2021

CHINA PR 56

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

The Court granted recognition and enforcement of a Ukrainian award, rejecting the contention of the respondent that it had not been properly served with the documents relating to the arbitration. The Court held that service by courier was in accordance with Ukrainian law, the law of the seat, and with the applicable arbitration rules of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry. As it appeared that representatives of the respondent had signed the courier’s receipt, it was irrelevant that there was a misspelt letter in the address on the first delivery with respect to the address indicated in the underlying contract. In CHINA 55, the Court reached the same conclusion  in a case in which the respondent had raised the same objections against a different Ukrainian petitioner.

Related topics
101

The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
107

The court discusses the relevance and determination of the commercial nature of the relationship underlying the award, including in the context of contractual and non-contractual relations.

Second reservation ("commercial reservation") (paragraph 3)
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
509

Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.

"Proper notice"
CHINA PR 56