Last updated: March 14, 2019
We are endeavoring to collect all Chinese court decisions involving the recognition and enforcement of the London Court ofInternational Arbitration (LCIA) 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 3 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 an LCIA arbitral award is refused
Result Arbitral Award Date Bases Petitioner Respondent Chinese Court Court Decision Grounds Yes No. 122075 (July 24, 2013) June 24, 2016 New York Convention Glencore International AG Zhejiang Qiying Energy Chemical Co., Ltd. (浙江企赢能源化工有限公司) Ningbo Intermediate People's Court (宁波市中级人民法院) [2014]浙甬仲确字第1号 Yes No. 122168 (March 28th & August 4th, 2014) December 21, 2015 New York Convention Trafigura Pte Ltd Guangzhou China Coal South China Sales Co., Ltd. (广州中煤华南销售有限公司) Guangzhou Intermediate People's Court (广州市中级人民法院) [2015[穗中法民四初字第4号 Withdrawal No. 7932 January 8, 2015 New York Convention BHP Billiton Marketing AG Longkou Donghai Aluminum Industry Co., Ltd. (龙口东海铝业有限责任公司) Yantai Intermediate People's Court (烟台市中级人民法院) (2010)烟民三初字第85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.
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Contributors: Guodong Du 杜国栋 , Meng Yu 余萌
