CHINA PR 58

Intermediate People’s Court, Chengdu, Sichuan Province, 29 March 2023, Docket No. (2022) Chuan 01 Xie Wai Ren No. 5

(WS China Import GmbH v. Sichuan RONG FENG IMP.& EXP. Co., ... Read more

Intermediate People’s Court, Chengdu, Sichuan Province, 29 March 2023, Docket No. (2022) Chuan 01 Xie Wai Ren No. 5

(WS China Import GmbH v. Sichuan RONG FENG IMP.& EXP. Co., Ltd.)

 

29 - 03 - 2023

CHINA PR 58

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XL (2025)
Jurisdiction China
Original full text Full text decision CHINA PR 58
Excerpt Excerpt decision CHINA PR 58
Summary

The Court granted recognition of an award of the Hamburg Commodity Exchange Registration Association. It dismissed the respondent’s contention that it had not been given proper notice of the arbitration, and that it would have been unable to attend the hearing in Germany in any case because of the COVID-19 restrictions. The Court explained that all documents had been sent by post, which was an acceptable method under the German law of the seat, at the same address the Chinese court asked to provide judicial assistance to serve the award had successfully used.
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)
500

The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

 Grounds for refusal of 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"
519

Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

Ground a: Arbitrability
CHINA PR 58