​How does China handle arbitration awards?

How does China handle arbitration awards?
 
Chinese arbitration rulings are final and enforceable by the courts. Foreign arbitral judgments may be harder to enforce in China.
An arbitration award is final and binding under China's Arbitration Law. Yet, Chinese courts may not defer to international arbitral awards, making them harder to enforce. Chinese courts must accept international arbitral awards before they are enforceable in China.
The party wishing to enforce a foreign arbitral ruling in China must apply to the appropriate court in China. The court will analyze the application and accompanying documentation to decide whether to recognize and enforce the foreign arbitral ruling. The court will consider whether:
The dispute is within the scope of matters that can be resolved through arbitration.
All parties to the arbitration agreement have validly agreed to submit their dispute to arbitration.
All parties to the arbitration proceedings have been given proper notice and had an opportunity to participate.
Any grounds exist under Chinese law for refusing to revoke the arbitration agreement.
The court will issue a ruling or order recognizing and enforcing a foreign arbitral verdict. An order accepting and executing a foreign arbitral ruling usually cannot be appealed. However, the losing party may raise certain defenses against enforcement, such as:
That a party to the arbitration agreement was under some incapacity or that said agreement is invalid under Chinese law.
That said, the party needed to be given proper notice or had an opportunity to participate in arbitration proceedings.
That recognition or enforcement of such an award would be contrary to public policy.
That another p.
If you do business with Chinese firms, you should examine how to handle conflicts. Arbitration offers a more predictable legal system, quicker and cheaper conflict resolution, and a higher probability of enforcing an arbitration ruling in China. If you select arbitration to resolve conflicts, you must know how China's legal system regards arbitration rulings to safeguard your interests.
China's Arbitration Awards on Foreign Companies
 
(3) The arbitral judgment does not contradict Chinese state policy.
The court will order enforcement if it recognizes and enforces the international arbitral judgment. The court may take temporary measures like attaching the party's property to satisfy the arbitral ruling.
A corporation doing business in China must examine how to handle disagreements with its partners. The arbitration may provide the following:
A more predictable legal system.
A quicker and cheaper dispute settlement procedure.
A higher probability of enforcement in China.
China may need help enforcing international arbitration awards. Chinese courts must accept international arbitral awards before they are enforceable in China. The party wishing to enforce a foreign arbitral ruling in China must apply to the appropriate court in China.
The court will analyze the application and accompanying documentation to decide whether to recognize and enforce the foreign arbitral ruling. The court will consider whether:
The subject matter of the dispute is within the scope of matters that may be resolved through arbitration.
All parties to an arbitration agreement are foreign entities or individuals, or one party is foreign, and the other has agreed to submit to foreign court jurisdiction.
The arbitral award does not violate Chinese public policy.
The court will issue an enforcement order if it recognizes and enforces an international arbitral ruling.
The court may take temporary measures like attaching the party's property to satisfy an arbitral ruling.
 

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…

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