Enforcing arbitral awards in China
Produced in partnership with Jiamu Sun of Loeb & Loeb and James Zimmerman of Loeb & Loeb
Practice notesEnforcing arbitral awards in China
Produced in partnership with Jiamu Sun of Loeb & Loeb and James Zimmerman of Loeb & Loeb
Practice notesThis Practice Note considers the recognition and enforcement of arbitral awards in the People’s Republic of China (PRC; China).
Note: Chinese court judgments are not reported by LexisNexis® UK.
Requirement to comply with the arbitral award under Chinese law
Under Chinese law, the parties to an arbitration are required by the Arbitration Law to implement the award (Arbitration Law, art 62, Civil Procedure Law, arts 248 (domestic arbitration) and 287 (foreign related arbitration)).
Where there is no time limit for the execution of the award, the parties are required to implement it immediately (Arbitration Law, arts 57 and 62).
If the losing party refuses to abide by the terms of the award, including the payment of money or delivery of property, the prevailing party may seek to enforce it in the people’s courts (Arbitration Law, art 62 and Civil Procedure Law, art 248).
Grounds for refusal of enforcement by Chinese court
An arbitration award is final and the court has no jurisdiction to address a party’s
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