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CHINA PR 47
Intermediate People’s Court, Shanxi Province, Taiyuan, 13 May 2016, (2012) Bing Min Que Zi No. 2
(Fairdeal Supplies Ltd. v. Shanxi Coal Import and Export Group Co., ... Read more
Intermediate People’s Court, Shanxi Province, Taiyuan, 13 May 2016, (2012) Bing Min Que Zi No. 2
(Fairdeal Supplies Ltd. v. Shanxi Coal Import and Export Group Co., Ltd.)
CHINA PR 47
The Court denied recognition and enforcement of an ICC award, finding that there was no evidence to prove that the defendant had been properly notified of the award and that the award had taken legal effect, The Court added that a new application may be brought once the necessary evidence were submitted. A new application was in fact submitted, and denied on other Convention grounds (China PR 49).
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.