Last updated: March 14, 2019
We are endeavoring to collect all Chinese court decisions involving the recognition and enforcement of the Japan Commercial Arbitration Association (JCAA, ⼀般社団法⼈⽇本商事仲裁協会) arbitral awards. The Case List is made available for our readers to get a glimpse of the role of Chinese courts in international arbitration.
The Case List is continually updated with new reports. To date, we have collected 4 cases.
Result:
“Yes” - a Chinese court ruling is rendered on the recognition and enforcement of the arbitral award.
“No” - a Chinese court ruling is rendered against the recognition and enforcement of the arbitral award.
“Partial enforcement” - a Chinese court ruling is rendered on partial enforcement of the arbitral award.
“Withdrawal” - a Chinese court ruling is rendered to grant the motion to withdraw.
“Dismissal” - a Chinese court ruling is rendered to dismiss the application.
“Non-acceptance” - a Chinese court ruling is rendered to refuse to accept the case.
Arbitral Award:
The case number (and the date) of the arbitral award
Date:
The date of the Chinese court ruling
Bases:
“New York Convention” - The Chinese court ruling was rendered based on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”)
“Arrangement” - The Chinese court ruling was rendered based on the Arrangement of the Supreme People's Court on the Mutual Execution of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region (the “Arrangement”)
“CPL” - The Civil Procedure Law of the People's Republic of China
Petitioner:
The party filing a petition to recognize and enforce the arbitral award
Respondent:
The party against whom the arbitral award is invoked
Chinese court:
The Chinese court that rendered the ruling
Court decision:
The docket number of the Chinese court ruling
Grounds:
The specific ground for refusal under the New York Convention or under the Arrangement, if the recognition and enforcement of a JCAA arbitral award is refused
| Result | Arbitral Award | Date | Bases | Petitioner | Respondent | Chinese Court | Court Decision | Grounds |
|---|---|---|---|---|---|---|---|---|
| Yes | Osaka No. 15-03 (April 25, 2016) | Unknown | New York Convention | Homma Machinery Company Ltd. | Suzhou Hengding Shipbuilding Heavy Industry Co., Ltd. (苏州恒鼎船舶重工有限公司) | Suzhou Intermediate People's Court (苏州市中级人民法院) | 2017）苏05协外认1号 | |
| Yes | Tokyo No. 14-03 (June 9, 2014 & June 19, 2014 ) | July 20, 2015 | New York Convention | The Fukui Bank, Ltd. | Shanghai Nojiri Opticalo Co., Ltd. (上海野尻光学有限公司) | Shanghai Second Intermediate People's Court (上海市第二中级人民法院) | （2014）沪二中民认（外仲）字第1号 | |
| Yes | Tokyo No. 11-02 & 11-10 (April 9, 2013) | May 19, 2014 | New York Convention | Maruman & Co., Ltd. | Beijing Delin Golf Sports Development Co., Ltd. (北京德霖高尔夫体育发展有限公司) | Beijing Second Intermediate People's Court (北京市第二中级人民法院) | （2013）二中民特字第12593号 | |
| Yes | Tokyo NO. 12-13 (May 8, 2013) | April 2, 2014 | New York Convention | Tact Communications,Inc. | Quanzhou Kadinu Travel Products Co.,Ltd. (泉州市卡迪奴旅游用品有限公司) | Quanzhou Intermediate People's Court (泉州市中级人民法院) | （2013）泉民认字第35号 |
If you would like to discuss with us about the post, or share your views and suggestions, please contact Ms. Meng Yu (meng.yu@chinajusticeobserver.com). If you would like to acquire the full text of these decisions, please also contact Ms. Meng Yu.
If you need legal services for the recognition and enforcement of foreign judgments and arbitral awards in China, please contact Mr. Guodong Du (guodong.du@chinajusticeobserver.com ). Du and his team of experienced attorneys will be able to assist you.
If you wish to receive news and gain deep insights into the Chinese judicial system, please feel free to subscribe to our newsletters (subscribe.chinajusticeobserver.com ).
Contributors: Guodong Du 杜国栋 , Meng Yu 余萌
