The Recognition and Enforcement of the Foreign Arbitral Awards with No Foreign Element in China

Journal of International Arbitration (2015) vol. 32, issue 3

Posted: 29 Jul 2015

See all articles by Weidong Zhu

Weidong Zhu

Institute of West Asia and African Studies, CASS

Date Written: July 28, 2015

Abstract

It is a hot topic in China in recent years among arbitration scholars and practitioners whether Chinese parties may submit their disputes with no foreign element to a foreign arbitral institution. The ruling made by the No. 2 Intermediate People's Court of Beijing on 20 January 2014 refusing the recognition and enforcement of an arbitration award made by the Korean Commercial Arbitration Board raised public concern over the issue again. This is the first arbitration award made by the Korean Commercial Arbitration Board denied recognition and enforcement in China and also the first foreign arbitration award denied recognition and enforcement in China on the basis of the fact that the Chinese parties submitted their dispute with no foreign element to a foreign arbitral institution, which will have significant implications for arbitration development in China.

Keywords: recognition, enforcement, arbitratral awards, no foreign element, China

Suggested Citation

Zhu, Weidong, The Recognition and Enforcement of the Foreign Arbitral Awards with No Foreign Element in China (July 28, 2015). Journal of International Arbitration (2015) vol. 32, issue 3. Available at SSRN: https://ssrn.com/abstract=2637157

Weidong Zhu (Contact Author)

Institute of West Asia and African Studies, CASS ( email )

China Acememy of Social Science
Beijing, 100007
China

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