Is China Friendly in Enforcing Arbitration Awards? A Critical Analysis of Certain Aspects of Enforcement of Arbitral Awards in China in View of International Standards

Abstract

The enforceability of arbitral award is per se the most salient feature differentiating arbitration from other means of alternative dispute resolution. However, one notable concern in international arbitration is the fact that losing parties often try to exploit legal subtleties in domestic law to avoid fulfilling their obligations according to the awards. This story is not only of no difference while enforcing awards in China but is arguably even more complicated. By scrutinising substantial aspects of Chinese arbitration law and enforcement procedures from a European lawyer’s eyes and perspectives, I found that the enforcement of awards in China, and the arbitration process itself, is hindered by a number of challenges. And given the important role that China has to play in the economic world, now and in the future, it is my view that it might be of assistance to European lawyers and businessmen to be aware of these important issues when considering arbitration and enforcement in China.

Keywords: Arbitration, Awards, Enforcement, China