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ARTICLE · 15 NOVEMBER 2023

Market Intelligence Thought Leadership Award Winner

Dose The Ongoing SAMR Merger Review Stop Enforcement Of The Arbitral Awards?

AnJie Broad Law Firm
AnJie Broad Law Firm
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AnJie Broad Law Firm

AnJie Broad Law Firm

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A recent ruling rendered by Beijing Higher People's Court of China, on granting the enforcement of the arbitral awards, has attracted much attention and discussion of the competition law circle.

ChinaLitigation, Mediation & Arbitration

A recent ruling rendered by Beijing Higher People's Court of China, on granting the enforcement of the arbitral awards, has attracted much attention and discussion of the competition law circle. Specifically, this remarkable judicial decision suggests that Chinese courts will not consider the fact of ongoing merger review procedure when determining whether to grant the enforcement of arbitral awards. Also, a very special fact involved in this case is, the key role, Simcere Pharmaceutical Group Limited ("Simcere"), filed a voluntary concentration notification in spite that the filing threshold is not reached, instead of under the mandatory filing obligation. Details of this case together with the views of the parties and the courts on the antitrust aspect, are worthy of further ponderation.

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