CHINA PR 45

Intermediate People’s Court, Guangdong Province, Zhaoqing, 19 October 2015, (2015) Zhao Zhong Fa Min Yi Zi No.26

(Jacobson Golf Course Design, Inc. v. Sihui ... Read more

Intermediate People’s Court, Guangdong Province, Zhaoqing, 19 October 2015, (2015) Zhao Zhong Fa Min Yi Zi No.26

(Jacobson Golf Course Design, Inc. v. Sihui Zhenhui Garden Property Development Co., Ltd. et al.)

19 - 10 - 2015

CHINA PR 45

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVIII (2023)
Jurisdiction China
Related topics
306

The court discusses the applicable period of limitation for seeking enforcement of an award.

Period of limitation for enforcement
401

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.

Conditions to be fulfilled by petitioner in general
518

Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

Paragraph 2 - Distinction domestic-international public policy
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
524

Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.

Other cases
CHINA PR 45