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CHINA PR 57
Shanghai Financial Court, 1 November 2021, Docket No. (2021) Hu 74 Xie Wai Ren No. 1
(Macquarie Bank Limited v. Wanda Holding Group Co., LTD)
CHINA PR 57
The Financial Court recognized a SIAC award, holding inter alia that the examination of the authenticity of the contract containing the arbitration clause submitted by the claimant fell outside the scope of the recognition proceedings. Furthermore, the respondent had acknowledged the contract’s authenticity during the arbitration. Also, the award was not unjust because the presiding arbitrator belonged to the Essex Court Chambers, which had been sanctioned by the Chinese government for spreading lies and false information about China. The Court explained that the sanctions had been issued after the awas had been rendered, and that they were not in any case directed against the arbitrator himself.
The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.
Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.