Suppose a non-Chinese party obtains a monetary award against a Chinese party in an arbitration seated outside mainland China and the Chinese party fails to pay the award. Unless the Chinese party has accessible assets outside the mainland, the foreign party will need to enforce the award through the Chinese courts. Therefore, as far as non-Chinese parties are concerned, the ability to enforce awards in mainland China is critical.
There is a general perception that the enforcement regime in mainland China has improved in recent years, primarily as a result of the reporting system that requires the approval of the Supreme People’s Court (SPC) for any lower court’s decision to refuse enforcement of a foreign or foreign-related award. But the real question is how is this mechanism implemented? Or how do the Chinese courts deal with enforcement applications in practice?
You must be a
subscribersubscribersubscribersubscriber
to read this content, please
subscribesubscribesubscribesubscribe
today.
For group subscribers, please click here to access.
Interested in group subscription? Please contact us.
你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章，欢迎成为我们的订阅会员成为我们的订阅会员。
Joe Liu is assistant managing counsel with the Hong Kong International Arbitration Centre
