CHINA PR 53

Intermediate People’s Court, Zhejiang Province, Ningbo, 14 March 2024, (2024) Zhe 02 XieWai Ren No. 1

(Global Transit Trading (S) Pte. Ltd. v. Ningbo Haitian Holding Group Co. ... Read more

Intermediate People’s Court, Zhejiang Province, Ningbo, 14 March 2024, (2024) Zhe 02 XieWai Ren No. 1

(Global Transit Trading (S) Pte. Ltd. v. Ningbo Haitian Holding Group Co. Ltd.)

 

 

14 - 03 - 2024

CHINA PR 53

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIX (2024)
Jurisdiction China
Summary

The Court granted recognition and enforcement of an award rendered in Singapore by a SIAC tribunal, dismissing, on the facts, two due process objections: that counsel who participated in the arbitration on behalf of the defendant had not been authorized, and that the SIAC had not given proper notice of the arbitration to the defendant, which as a consequence had been unable to present its case.

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)
107

The court discusses the relevance and determination of the commercial nature of the relationship underlying the award, including in the context of contractual and non-contractual relations.

Second reservation ("commercial reservation") (paragraph 3)
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
404

The court discusses issues relating to the manner of authentication and certification of the award and/or arbitration agreement.

Authentication and certification
500

The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

Grounds for refusal of enforcement in general
509

Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.

"Proper notice"
511

Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.

"Otherwise unable to present his case"
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 53