Awards to Be Enforced by Foreign Courts

Awards to Be Enforced by Foreign Courts
 
After an award has been made, the losing party shall perform his obligations under the award within the time period specified therein. Where the losing party fails to perform his obligations within the specified time period, the winning party may file a petition for enforcement with a competent court.
 
If the losing party is a foreign individual or corporation, the party seeking enforcement should file a petition for enforcement of the award directly with a competent court in the place where the domicile or property of the party against whom enforcement is sought is located.
 
In such a case, the legal procedures of judicial review, enforcement action, etc., will be governed by the law of that foreign country. And generally, the PRC implements the principle of reciprocity with respect to such procedures, which means that if that foreign country imposes restrictions on and/or special conditions for the enforcement of arbitration awards rendered by arbitration commissions in the PRC, the same restrictions and/or special conditions will be imposed on/for the enforcement of arbitration awards rendered in that country.

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

ABOUT AUTHOR

We are a group of China local lawyers from a few law firms
Email: elitelawyers@outlook.com
My blog: http://www.shanghailawyer.xyz