CHINA PR 4

05 - 07 - 2004

CHINA PR 4

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXI (2006)
Jurisdiction China
Summary

China PR 4. Supreme People's Court, 5 July 2004

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)
306

The court discusses the applicable period of limitation for seeking enforcement of an award.

Period of limitation for enforcement
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
513 Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
523

Public policy: The court discusses alleged violations of a fundamental rule of due process in the arbitration on the recognition and enforcement of an arbitral award, including the failure to communicate the names of the arbitrators, the failure to send copies of reports or letters filed in the arbitration, etc.

Irregularities in the arbitral procedure (see also Art. V(1)(b))
704(B) Bilateral Treaties
CHINA PR 4