CHINA PR 32

Supreme People’s Court, 19 April 2001, [2001] Min Si Ta Zi No. 2

(Glencore Co., Ltd. v. Chongqing Machinery Importing & Exporting Co.)

19 - 04 - 2001

CHINA PR 32

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVII (2022)
Jurisdiction China
Summary

The Supreme People’s Court instructed the lower court to deny recognition and enforcement of a foreign award under Art. V(1)(a) of the 1958 New York Convention, because under the applicable lex personalis, Chinese law, the person who had signed the contract and the arbitration agreement had not had the power to represent the respondent. Also, the company’s seal had not been affixed, the signatory’s conduct had been explicitly disavowed by the respondent, and there was no previous practice that could justify a finding of apparent authority.

Related topics
505 Incapacity of party
CHINA PR 32