US court denies enforcement of CIETAC award because notice of arbitration was in Chinese

Table of contents

• Introduction
• The Facts
• Reasoning and decision of the US Court of Appeals for the tenth Circuit
• Analysis
• What is the practical significance of the judgment?

Article summary

Arbitration analysis: Steven Finizio, partner at WilmerHale, and Fan Yang, scholar-in- residence at WilmerHale, discuss CEEG (Shanghai) Solar Science & Technology Co, Ltd v Lumos Solar LLC, in which a US Court of Appeals denied recognition and enforcement of a foreign arbitral award issued by the China International Economic and Trade Arbitration Commission (CIETAC), on the ground that the Chinese language notice of arbitration was not proper notice under the New York Convention, despite the fact that that the objecting party received actual notice of the arbitration and participated at the hearing.