CHINA PR 46

Intermediate People’s Court, Heilongjiang Province, Heihe, 23 December 2015, (2015) Hei Zhong She Wai Shang Cai Zi No. 1, 23

(Krasilnikov Sergei Vitalevich v. ... Read more

Intermediate People’s Court, Heilongjiang Province, Heihe, 23 December 2015, (2015) Hei Zhong She Wai Shang Cai Zi No. 1, 23

(Krasilnikov Sergei Vitalevich v. Heilongjiang Xinghe Dadao Automobile Trade Co., Ltd.) 

23 - 12 - 2015

CHINA PR 46

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVIII (2023)
Jurisdiction China
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)
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
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
501

The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.

Grounds are exhaustive
CHINA PR 46