JTN-China Dispute Resolution Newsletter_August 2026

NEWS ALERT

1. U.S. Ninth Circuit Affirms Confirmation of Beijing Arbitration Commission Award and Clarifies Presence-Based Jurisdiction

On 3 August 2026, the U.S. Court of Appeals for the Ninth Circuit affirmed a Southern District of California judgment confirming a Beijing Arbitration Commission award in Shenzhen Zehuijin Investment Center, Limited Partnership v. Liu Yingkui (No. 24-6215). The dispute arose from a RMB 160 million loan, with the BAC awarding the lender approximately RMB 150 million after Liu failed to repay it. In the recognition and enforcement proceeding, Liu argued that his domicile was not in California and that he was not properly served. The Ninth Circuit rejected both arguments. As to jurisdiction, Liu’s voluntary physical presence in California supported presencebased general jurisdiction. As to service, the court held that Liu had waived this defense under Rule 12(b)(5) by failing to raise it in his motion to dismiss; it therefore had no need to decide