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ARTICLE · 27 MAY 2013

Several Procedural Issues on the Recognition and Enforcement of Foreign Arbitral Awards

A look at the application of arbitral awards in China.

ChinaLitigation, Mediation & Arbitration
rongqing jiang
rongqing jiang

Instead of specifying worldwide regulations on the recognition and enforcement of foreign arbitral awards for the courts of each State, the 1958 New York Convention leaves the issue to be solved by domestic legislation of each contracting State. The applicant who applies to a Chinese court for the recognition and enforcement of a foreign arbitral award shall comply with the procedure laws and rules applied by the Chinese court in dealing with such cases. However, due to lack of legislation and legislative lag, many aspects of the procedure rules applied by the Chinese courts in the recognition and enforcement of foreign arbitral awards are not clear enough. In practice there are still some issues which need to be regulated or clarified through legislation or judicial interpretation. This article briefly introduces current procedural issues on the ruling of the Chinese courts in respect of the recognition and enforcement of foreign arbitral awards and also points out the

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