Rejectable Arbitral Awards Made by International Arbitration Institutions in Mainland China
Rejectable Arbitral Awards Made by International Arbitration Institutions in Mainland China
A petition for enforcement of an international arbitral award made by an international arbitration institution in mainland China will be reviewed in accordance with Article 281 of the Civil Procedure Law, and will be rejected if:
1. the disputing parties failed to reach a valid arbitration agreement before referring to arbitration or the contract as the basis for arbitration does not include a valid arbitration clause;
2. the party against whom enforcement is sought did not receive a notice for appointing an arbitrator or a notice of hearing, or was not given an opportunity to present his case for any reason not attributable to him;
3. the composition of the arbitral tribunal or the arbitration proceeding violated the Arbitration Law or the applicable arbitration rules; or
4. any issues decided on in the award is not covered by the arbitration agreement or clause or does not fall under the jurisdiction of the arbitration institution.
In addition, the petition for recognition and enforcement of an arbitral award will be rejected in case of solicitation or acceptance of bribes, malpractices for personal gain, or perversion of the law, etc., by an arbitrator; provided, however, that such acts refer to the acts of an arbitrator that have been ascertained and confirmed by an effective legal document in a criminal case or a disciplinary decision.
Robert Zhang 
Steve Li 