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National local higher and intermediate people's courts, maritime courts, railway transportation Intermediate Court:
VI session of the 18th meeting of the Standing Committee of national people's Congress on December 2, 1986, decided to accede to the 1958 New York Conventionon the recognition and enforcement of foreign arbitral awards (hereinafter referred to as the 1958 New York Convention), the Convention will enter into force on April 22, 1987. All higher and intermediate people's courts should immediately organize economic, civil judicial officers, executive officers and other persons concernedto seriously study this important international Convention, and effective and in accordance with the implementation. Several problems of implementation of the Convention are hereby notified as follows:
At first, the reciprocity reservation made at the time of China's accession to the Convention, China's arbitral awards made in the territory of another State party recognition and implementation of the application of the Convention. The Convention and the civil procedure law of China (trial implementation) have different requirements according to the provisions of the Convention.
Arbitration awards made in the territory of non-Contracting Party requires court recognition and enforcement, shall be governed by the civil procedure law (draft) Article No. 204 of the regulations.
Second, according to the commercial reservation declarations made when acceding to the Convention, only in accordance with China's laws in our country belongs to the contractual and non-contractual and commercial disputes arising from the legal relationship of application of the Convention. So-called "contract sex and non-contract sex business thing legal relationship", specific of is refers to due to contract, and infringement or according to about legal provides and produced of economic Shang of right obligations relationship, for example goods sale, and property rental, and engineering contracting, and processing contract, and technology transfer, and joint venture, and cooperation business, and exploration development natural resources, and insurance, and credit, and labor, and agent, and advisory service and sea, and civil aviation, and railway, and highway of van transport and products responsibility, and pollution, and sea accident and ownership dispute,, But does not include disputes between foreign investors and host Governments.
Third, in accordance with the provisions of the fourth article of the 1958 New YorkConvention, apply for our Court recognition and enforcement of arbitral awards made in the territory of another State party, was put forward by a party to an arbitral award. For party's application should be accepted by the intermediate people's Court to the following locations:
1. Was the implementation of a natural person, his domicile or residence;
2. Implementation of a legal entity, having its principal place of business;
3. Executive in residence, domicile or principal place of business agencies in China,but there is property in the country, as the property is located.
Four, and China has jurisdiction right of Court received party party of application Hou, should application admitted and the implementation of arbitration ruling for review, if think not has 1958 New York Convention fifth article first to second two items by column of case, should ruled admitted its effectiveness, and in accordance with civil method (pilot) provides of program implementation; if finds has fifth article second items by column of case one of of, or according to was implementation people provides of evidence proved has fifth article first items by column of case one of of, Shall decide to reject the application and refuse recognition and enforcement.
Five applications for court recognition and enforcement of arbitral awards in China, limited to our country after the entry into force of the 1958 New York Convention on arbitration awards made in the territory of another State party. The application shall be in the civil procedure law (draft) article 169th submitted within the application period.
Notice is hereby given that, hope to follow.
Annex I:
References in this notice to the relevant provisions of the Convention on the recognition and enforcement of foreign arbitral awards
Fourth, one of the application for recognition and enforcement, to get referred to the recognition and enforcement of the preceding article, shall claim made when:
(A) the originals or certified copies of the original decision;
(B) referred to in article original or certified copies of the agreement.
Second, if the foregoing decision or agreement the text non-cited ruling of the country in which the official text, claims the recognition and enforcement of decisionsone should have made this text version of the file. Translations should be made bythe public or sworn translator or a diplomatic or consular officer certification.
Article fifth, ruled only by the award is invoked to claim recognition and enforcement agency in charge of the formulation of evidence when there is any of the following circumstances, was founded in accordance with the request of, refusal of recognition and enforcement:
(A) the agreement of the parties in accordance with article has some kind of disability, the law applicable to the case, or the agreement of party as the law applicableto the agreement null and void, or is not specified in any law for the time, according to the Department of law of the State in which the decision null and void;
(B) the award is invoked was received regarding the appointment of the arbitratoror proper notice of the arbitration proceedings, or because he was so, failure to achieve defence;
(C) decisions than for arbitration of disputes handled by the subject or does not list articles, or award contained decisions on matters outside the scope of arbitration, but decided in arbitration matters and matters not submitted to arbitration when the Division, decided some of the decisions on matters submitted to arbitrationmay be recognized and implemented;
(D) arbitration body composition or the arbitral procedure was incompatible with the agreements between the parties, no agreement or not in accordance with the law of the State in which the place of arbitration;
(E) there is no binding decisions on each, or approved by the ruling or decision inaccordance with the law revoked or suspended by the competent authority of thecountry.
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Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
Email：tradelawchina@hotmail.com Technical support：ZW0311