Enforcing arbitral awards in China

Copyright © 2025 LexisNexis
Produced in partnership with Jiamu Sun of Loeb & Loeb and James Zimmerman of Loeb & Loeb
Practice notes

Enforcing arbitral awards in China

Copyright © 2025 LexisNexis

Produced in partnership with Jiamu Sun of Loeb & Loeb and James Zimmerman of Loeb & Loeb

Practice notes
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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 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

Jiamu Sun
Jiamu Sun

Counsel, Loeb & Loeb

Jiamu Sun focuses her practice on representing foreign companies and individuals in cross-border dispute resolution proceedings, white-collar defense proceedings, administrative defense cases, collection and enforcement of secured interest rights, internal ethics investigations, and general commercial litigation. She has particular experience in data privacy and security issues, national security, e-commerce, media law and regulatory compliance. Jiamu often provides legal support for foreign news organizations and journalists in China in security and regulatory matters, as well as defending claims of libel/defamation and invasion of privacy.

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James Zimmerman
James Zimmerman

Partner, Loeb & Loeb

James M. Zimmerman is a Beijing-based lawyer and writer who has lived and worked in China for more than twenty-six years. He is among China’s leading foreign lawyers and represents companies and individuals confronted with the political and legal complexities of doing business in Mainland China. He is the former four-term chairman of the American Chamber of Commerce in China.
 
James is the author of the acclaimed book, The Peking Express: The Bandits Who Stole A Train, Stunned the West, and Broke the Republic of China. Released: April 4, 2023. See www.ThePekingExpress.com. Mr. Zimmerman is also the author of The China Law Deskbook, a publication of the American Bar Association (1999-2015).
 
Mr. Zimmerman is a Partner in the Beijing office of the international law firm of Loeb & Loeb LLP.

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Jurisdiction(s):
United Kingdom
Key definition:
Enforcement definition
What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

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