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Intermediate People’s Court, Zhejiang Province, Ningbo, 26 December 2019, (2019) Zhe 02 XieWai Ren No. 5
(Lubiam Moda Per L’uomo S.P.A. v. Ningbo Shanshan Fashion Clothing ... Read more
Intermediate People’s Court, Zhejiang Province, Ningbo, 26 December 2019, (2019) Zhe 02 XieWai Ren No. 5
(Lubiam Moda Per L’uomo S.P.A. v. Ningbo Shanshan Fashion Clothing Brand Management Co., Ltd.)
CHINA PR 50
An ICC award rendered in France was granted recognition and enforcement. The Court first noted that the New York Convention and the relevant provisions of Chinese law applied to this award rendered in a contracting state (France) in an arbitration between parties from two contracting states (Italy and China), It then found that the arbitral tribunal had not exceeded its powers, as it had awarded damages for breach of contract – an issue squarely falling within the scope of the arbitration agreement in the parties’ contract.
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
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.
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.