Public Policy Strikes Again

Introduction

Taizhou Haopu Investment Co., Ltd. vs. Wicor Holding AG, [2015] Tai Zhong Shang Zhong Shen Zi, No. 00004 (2 June 2016), ( Taizhou Intermediate People's Court of Jiangsu Province).

In a recent case in the Taizhou Intermediate People's Court of Jiangsu Province (the Taizhou Court) enforcement of an ICC award was denied to avoid violating the "societal public interest" of the PRC. This is the second case in recent times where the Chinese Court has relied on the public policy exception under Article 7 of the Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong SAR (the Arrangement) to refuse to enforce a foreign arbitral award.