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CHINA PR 49
49. Intermediate People’s Court, Shanxi Province, Taiyuan, 21 November 2019, (2018) Jin 01 Minchu No. 921
(Fairdeal Supplies Ltd. v. Shanxi Coal Import and Export Group Co., ... Read more
49. Intermediate People’s Court, Shanxi Province, Taiyuan, 21 November 2019, (2018) Jin 01 Minchu No. 921
(Fairdeal Supplies Ltd. v. Shanxi Coal Import and Export Group Co., Ltd.)
CHINA PR 49
In China PR 47, the Court had denied exequatur of an ICC award, on the ground that it was not proven that the award was final and had been served on the defendant. The applicant filed a new request. The Court again refused to grant recognition and enforcement, finding that the evidence submitted by the applicant – a certificate of service issued by the ICC – was insufficient to prove service of the award, because it was not notarized or authenticated as required by the Chinese Supreme People’s Court Provisions on Evidence in Civil Litigation. The Court also noted that the ICC certificate stated that the award was delivered to an address different from the mailing address of the defendant indicated in the award.
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.