Enforcing arbitral awards in China
Produced in partnership with James Zimmerman and Jiamu Sun of Perkins Coie LLP

The following Arbitration practice note produced in partnership with James Zimmerman and Jiamu Sun of Perkins Coie LLP provides comprehensive and up to date legal information covering:

  • Enforcing arbitral awards in China
  • Requirement to comply with the arbitral award under Chinese law
  • Grounds for refusal of enforcement by Chinese court
  • Enforcement of New York Convention awards in China
  • Judicial barriers to enforcement in China
  • Developments in enforcement in China

Enforcing arbitral awards in China

This 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 237 (domestic arbitration) and 274 (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 273).

Grounds for refusal of enforcement by Chinese court

An arbitration award is final and the court has no jurisdiction to address a party’s dispute that has been properly addressed in an arbitration proceeding (Arbitration Law, art 9). However, under the Civil Procedure Law (domestic) and the Arbitration Law (foreign), the court will not issue a judgment enforcing an arbitral award if it can be demonstrated that (Arbitration Law, art 70, Civil Procedure Law, art 274):

  1. •

    the parties did not enter into an

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