Enforcing Foreign Awards In China – Review Of The Past Twenty Years

Enforcing foreign arbitral awards in China – a review of the past twenty years

King & Wood Mallesons provide a thorough review of PRC court decision to determine the effective rate of enforcement of foreign arbitral awards.

Their conclusions:

“Our review of publicly available cases demonstrates an overall average enforcement rate of just under 70%, with enforcement rates substantially improving in recent years. Enforcement trends appear to vary by region, with courts in some provinces demonstrating an increased willingness over courts in other regions to enforce foreign arbitral awards. The average time for a PRC court to decide whether to enforce a foreign arbitral award is just under one year. This does not include however the time for or likelihood of collecting amounts due once an order for enforcement has been issued. Procedural deficiencies such as failure to comply with the arbitral procedure are the most common reasons for denying enforcement. Violation of public policy was only cited once as a basis to deny enforcement”.

READ MORE

About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

View

Leave a Reply

Your email address will not be published. Required fields are marked *