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CHINA PR 61
Intermediate People’s Court, Jiangsu Province, Taizhou, Date not indicated (official summary published by the court on 29 July 2024), Docket No. (2023) Su 12 Xie Wai Ren No. 1
(Vincent Heron ... Read more
Intermediate People’s Court, Jiangsu Province, Taizhou, Date not indicated (official summary published by the court on 29 July 2024), Docket No. (2023) Su 12 Xie Wai Ren No. 1
(Vincent Heron Ezequedo v. Taizhou Yuanda Football Club)
CHINA PR 61
The Court granted recognition of a CAS award rendered in respect of the employment contract of a football coach. The respondent claimed that an employment dispute was not arbitrable under the laws of PR China, and that, therefore, the award had not been rendered in respect of a commercial relationship and fell under China’s commercial reservation to the New York Convention. Noting that the employment contract had been concluded between equal parties and had a commercial content, the Court found that it qualified as a commercial relationship and that a dispute thereunder was a commercial dispute.
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.
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.