We are endeavoring to collect all Chinese court decisions involving the recognition and enforcement of the foreign arbitral awards. This report presents you with a total of 25 cases in this very field that has been heard by Chinese courts in 2018. In addition, we keep making a case list for every major arbitral institution, based on past Chinese court decisions in international arbitration from all publicly available sources.
2018 CJO Report: Recognition and Enforcement of Foreign Arbitral Awards in China (vol. 2 no. 1)
1. 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
China Justice Observer (CJO), Volume 2, Issue 1, March 2019
We are endeavoring to collect all Chinese court decisions involving the recognition and enforcement of the foreign
arbitral awards. This report presents you with a total of 25 cases in this very field that has been heard by Chinese
courts in 2018.
In addition, we keep making a case list for every major arbitral institution, based on past Chinese court decisions in
international arbitration from all publicly available sources. These arbitral institutions are:
Ø ICC International Court of Arbitration (ICC)
Ø Arbitration Institute of the Stockholm Chamber of Commerce (SCC)
Ø London Maritime Arbitrators Association (LMAA)
Ø Singapore International Arbitration Center (SIAC)
Ø International Centre for Dispute Resolution of American Arbitration Association (ICDR of AAA)
Ø London Court of International Arbitration (LCIA)
Ø International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian
Federation (ICAC, Международный коммерческий арбитражный суд)
Ø Japan Commercial Arbitration Association (JCAA, )
Ø Korean Commercial Arbitration Board (KCAB, 대한상사중재원)
Ø International Cotton Association (ICA)
Ø Federation of Oils, Seeds and Fats Associations (FOSFA)
Ø Court of Arbitration for Sport (CAS)
The authors of this report are Meng Yu and Guodong Du, founders of China Justice Observer. Yanchao Yuan also
contributes to the report. Should you have any questions about the issue, please contact Ms. Meng Yu
(meng.yu@chinajusticeobserver.com). For more information, please visit www.chinajusticeobserver.com.
2018 CJO Report: Recognition and Enforcement of Foreign Arbitral Awards in China ---------------- 1
Abbreviations ------------------------------------------------------------------------------------------------------------ 12
Case List of ICC Arbitral Awards in China ----------------------------------------------------------------------- 13
Case List of SCC Arbitral Awards in China ---------------------------------------------------------------------- 16
Case List of LMAA Arbitral Awards in China -------------------------------------------------------------------- 17
Case List of SIAC Arbitral Awards in China --------------------------------------------------------------------- 22
Case List of ICDR of AAA Arbitral Awards in China ----------------------------------------------------------- 28
Case List of LCIA Arbitral Awards in China --------------------------------------------------------------------- 30
Case List of ICAC Arbitral Awards in China --------------------------------------------------------------------- 31
Case List of JCAA Arbitral Awards in China --------------------------------------------------------------------- 33
Case List of KCAB Arbitral Awards in China -------------------------------------------------------------------- 34
Case List of ICA Arbitral Awards in China ------------------------------------------------------------------------ 36
Case List of FOSFA Arbitral Awards in China ------------------------------------------------------------------- 43
Case List of CAS Arbitral Awards in China ----------------------------------------------------------------------- 45
2. 2018 CJO Report: Recognition and Enforcement of Foreign Arbitral Awards in China
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Recognition and Enforcement of Foreign Arbitral Awards in China
2018 CJO Report: Recognition and Enforcement of Foreign Arbitral Awards in China
Authors: MENG YU & GUODONG DU, Founders of China Justice Observer (CJO)
In 2018, Chinese courts have heard a total of 25 cases in relation to recognition and enforcement of foreign arbitral
awards.
I. Annual Review
Results for recognition and enforcement of these arbitral awards are as below:
Ø 14 arbitral awards were recognized and enforced;
Ø 1 arbitral award was refused to be recognized and enforced;
Ø 1 case where the application for recognition and enforcement of arbitral awards was dismissed;
Ø 8 cases where the applicants withdrew the application for recognition and enforcement of arbitral awards;
Ø 1 case where the application for recognition and enforcement of the arbitral award was transferred to
another competent court by the court concerned.
The number of aforementioned arbitral awards made by different arbitral institutions or arbitrators:
Ø 2 Arbitral awards made by the ICC;
Ø 2 Arbitral awards made by the SIAC;
Ø 1 Arbitral award made by the KCAB;
Ø 4 Arbitral awards made by the LMAA;
Ø 4 Arbitral awards made by the ICA;
Ø 5 Arbitral awards made by the FOSFA;
Ø 1 Arbitral award made by the CAS;
Ø 1 Arbitral award made by the ICAC;
Ø 3 Arbitral awards made by ad hoc arbitrators or arbitral tribunals;
Ø 2 Arbitral awards made by unknown arbitrator or arbitral tribunal.
In 2018, the only arbitral award which was refused to be recognized and enforced was made by an ad hoc arbitrator
(See the Case of Palmer Maritime Inc.’s application for recognition and enforcement of an arbitral award made by
Patrick O’Donovan in London). The court refused to recognize and enforce the arbitral award pursuant to the public
policy exception under Article V(2)(b) of the Convention on the Recognition and Enforcement of Foreign Arbitral
Awards (the New York Convention). The court held that the arbitration agreement concerned in the arbitral award
has been invalidated by the Chinese court, and therefore, recognition and enforcement of the arbitral award would
be in violation of China's public policy. To our knowledge, it was the second time that China refused to recognize
and enforce foreign arbitral awards on the basis of public policy. (The first time when China refused to recognize and
enforce foreign arbitral awards on such ground was in Hemofarm case in 2008 (Case of Hemofarm DD, MAG
International Trading Co., Ltd. and Surah Media Co., Ltd. ‘s application for recognition and enforcement of an
arbitral award made by the ICC)). Pursuant to China’s internal report and review mechanism, if a local court intends
not to recognize a foreign arbitral award, it has to request approval by the Supreme People's Court (SPC). Therefore,
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we reasonably believe that the arbitral award has been reviewed by the SPC and that SPC agreed not to recognize
and enforce it.
In 2018, there is only one case where the application was dismissed, on the ground that the applicant does not
comply with the authentication and certification requirements under Chinese law (See the case of Sea Dolphin
Shipping Ltd.’s application for recognition and enforcement of the arbitral award made by the LMAA on 16 May
2017). The applicant is a company registered in the Marshall Islands, a country that has no diplomatic relations with
China. Under such circumstances, the applicant has to comply with some special requirements on authentication
and certification under Chinese law. Considering that there is an increasing number of maritime cases involving
companies registered in the Marshall Islands, this is definitely a noteworthy case, especially for those companies to
follow China’s special rules on authentication and certification.
II. Case Summaries
1. An ad hoc arbitral award made by a sole arbitrator was refused to be recognized and enforced
Catchwords: ad hoc arbitration – arbitration agreement – public policy
The case of Palmer Maritime Inc.’s application for recognition and enforcement of the arbitral award made by the
sole arbitrator, Patrick O’ Donovan in London, UK, on 9 September 2016, against the respondent, China Animal
Husbandry Industry Co., Ltd (Case No. [2017] Jin 72 Xie Wai Ren No. 1 ([2017] 72 1 )) .
Tianjin Maritime Court registered the case on 3 January 2017, and rendered a ruling on 21 July 2018 to refuse to
recognize and enforce the said arbitral award.
The applicant is the bareboat charterer of the vessel, “TOBA”, while China Animal Husbandry Industry Co., Ltd
("CAHIC") is the holder of the bill of lading. The two parties had disputes due to cargo loss during the cargo
shipment of "TOBA". The applicant filed an arbitration request in London in accordance with the bill of lading, and
the respondent was absent from the arbitration proceedings.
The respondent filed a lawsuit in Guangzhou Maritime Court in May 2016, requesting the applicant to assume the
liabilities for damages. The applicant raised an objection to jurisdiction on the grounds that the two parties had an
arbitration agreement. On 16 October 2017 (after the above-mentioned ad hoc arbitral award was made), the
Guangzhou Maritime Court found that the arbitration clause in question was not valid and rendered the ruling “(2016)
Yue 72 Min Chu No. 75” ((2016) 72 75 ) to dismiss the applicant's objection to jurisdiction. (Note: The
applicant is dissatisfied with the ruling and appealed to the Guangdong High People's Court, which rendered the
second-instance ruling “(2017) Yue Min Xia Zhong No.857” ((2017) 857 ), reaffirming that the arbitration
clause is invalid. But the Tianjin Maritime Court did not refer to the said second-instance ruling.)
The Tianjin Maritime Court held that since the Chinese courts have negated the existence and validity of the
arbitration clause, the recognition and enforcement of the arbitral award pursuant to the above arbitration clause
would violate China's public policy. Accordingly, the Tianjin Maritime Court held that the arbitral award should not be
recognized in accordance with Article V(2)(b) of the New York Convention and the CPL.
2. The application for recognition and enforcement of the arbitral award made by the LMAA on 16 May 2017
was dismissed
Catchwords: formal conditions (authentication and certification)
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The case of Sea Dolphin Shipping Ltd.’s application for recognition and enforcement of the arbitral award made by
the LMAA on 16 May 2017, against the respondent, Xiamen Jianfa Agricultural Products Co., Ltd. (Case No. [2017]
Min 72 Xie Wai Ren No. 1([2017] 72 1 )).
Xiamen Maritime Court rendered a ruling on 19 December 2018, dismissing the application for recognition and
enforcement of the said LMAA arbitral award.
The applicant and the respondent had a dispute over the voyage charter agreement, and the applicant applied to the
LMAA for arbitration. As a result, the LMAA made the arbitral award on 16 May 2016.
The court held that the applicant does not comply with the authentication and certification requirements under
Chinese law, and thus the application shall be dismissed in accordance with Article IV 1 (a) of the New York
Convention.
The court found that the applicant is a company registered in the Marshall Islands, a country that has no diplomatic
relations with China. The identity documents and the power of attorney submitted to the court by the applicant were
notarized by the special representative from the State Maritime Administration of the Marshall Islands and by the
Ministry of Foreign Affairs of the Hellenic Republic in Greece. However, pursuant to Art. 524 of the 2015
Interpretations of the Supreme People's Court on the Application of the P. R.C. Civil Procedure Law, under such
circumstances, i.e., where the notarization and certification procedures are required but the country of domicile of
the foreign party concerned has no diplomatic relations with China, relevant documents may first be notarized by a
notary public office in the country of domicile of the foreign party, be certified by the embassy/consulate in the said
country of a third country that has diplomatic relations with the People's Republic of China, and thereafter be
certified by the embassy/consulate of the People's Republic of China in the said third country. It is clear that the
applicant does not comply with such requirements on authentication and certification.
3. The No. 21190/TO arbitral award made by the ICC was recognized and enforced
Catchwords: arbitration agreement – due process (service of process)
The case of Glencore Operations South Africa (Pty) Ltd’s application for recognition and enforcement of the No.
21190/TO arbitral award made by the ICC, against the respondent, Northern Heavy Industries Group Co., Ltd.
(Case No. [2018] Liao 01 Xie Wai Ren No. 8 ([2018] 01 8 ))
The case was registered by Shenyang Intermediate People's Court of Liaoning Province on 14 June 2018, and a
ruling was rendered on 6 September 2018, approving the application for recognition and enforcement of the said
ICC arbitral award.
The applicant and the respondent entered into relevant sales agreements on 27 May 2011. Afterwards, disputes
arose between the two parties over the maintenance fees and losses of the goods. The applicant therefore filed an
arbitration request with the ICC, and the ICC conducted arbitration proceedings in South Africa and rendered an
arbitral award on 30 May 2017.
The court held that the arbitral award should be recognized and enforced in accordance with the New York
Convention and the PRC Civil Procedure Law (CPL).
4. The No. ARB008/16/JC arbitral award made by the SIAC was recognized and enforced
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Catchwords: irregular procedure (composition of the arbitral authority) - due process (service of process)
The case of Golden Agri international Pte Ltd’s application for recognition and enforcement of the No.
ARB008/16/JC arbitral award made by SIAC in 2016, against the respondent, Shandong Changhua Industrial
Development Co., Ltd. (Case No. [2017] Lu 11 Xie Wai Ren No. 4 ([2018] 11 4 )).
The case was registered by Rizhao Intermediate People's Court of Shandong Province on 5 September 2017, and a
ruling was rendered on 23 August 2018, approving the application for recognition and enforcement of the said SIAC
arbitral award.
The applicant and the respondent had a dispute over the sales contract, and the applicant applied to the SIAC for
arbitration. The respondent did not submit a plea and did not participate in the arbitration proceedings. As a result,
the SIAC made the default arbitral award on 22 September 2016.
The court held that the arbitral award should be recognized and enforced in accordance with the New York
Convention, the CPL and applicable judicial interpretations.
5. Two arbitral awards made by the LMAA on 1 November 2016 were recognized and enforced
Catchwords: jurisdiction (competent court) – related lawsuit
The cases of China Land Shipping Pte. Ltd.’s application for recognition and enforcement of two arbitral awards
made by the LMAA on 1 November 2016, against the respondent, Conor Shipping Company Limited. (these two
cases are respectively the case of “[2018] Jin 72 Min Te No. 2” ([2018] 72 2 ) and the case of “[2018] Jin
72 Min Te No. 3” ([2018] 72 3 )) .
Tianjin Maritime Court registered the cases on 16 January 2018 and rendered rulings on 25 May 2018, approving
the application for recognition and enforcement of the said LMAA arbitral awards.
The applicant and the respondent signed a time charter on trip basis (TCT), and the two parties initiated an
arbitration at the LMAA due to disputes over the cargo losses. The arbitral tribunal of the LMAA made two arbitral
awards on 1 November 2016. The applicant is a company registered in Singapore while the applicant is a company
registered in Liberia. Both companies’ domiciles are not in Mainland China.
The court found that the shipper involved in the cargo dispute between the two parties was Tianjin Tiangang
International Trade Co., Ltd. ("Tiangang"). When applying for recognition and enforcement of the LMAA's arbitral
award, the applicant also referred Tiangang as the defendant and the respondent as a third party in the lawsuit
which it filed for recovery.
In accordance with Article 3 of “Provisions of the Supreme People's Court on Several Issues Concerning the Trial of
Judicial Review of Arbitration Cases” ( ), “ Where a foreign
arbitral award relates to a case pending before a people's court, neither the place of the domicile of the respondent
nor the place of the property of the respondent is located in the Mainland, and the applicant applies for recognition of
the foreign arbitral award, the people’s court before which the related lawsuit is pending shall be competent to hear
the application”. Therefore, the court held that the application for recognition and enforcement of arbitral awards had
relation to the aforesaid pending lawsuit, and the court was competent to hear the case for recognition and
enforcement of the arbitral awards.
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The court held that the arbitral awards should be recognized and enforced in accordance with the New York
Convention, the CPL and applicable judicial interpretations.
6. The arbitral award made by the LMAA on 21 September 2017 was recognized and enforced
Catchwords: default judgment
The case of Guangdong Cosco Shipping Heavy Industry Co., Ltd.’s application for recognition and enforcement of
the arbitral award made by LMAA on 21 September 2017, against the respondent, Bramco. L.L.C. (Case No. [2018]
Yue 72 Xie Wai Ren No. 2 ([2018] 72 2 )).
The case was registered by Guangzhou Maritime Court on 8 August 2018, and a court ruling was rendered on 13
November 2018, approving the application for recognition and enforcement of the said LMAA arbitral award.
The applicant and the respondent had a dispute over the vessel retrofitting contract, and the applicant applied to the
LMAA for arbitration. As a result, the LMAA made the arbitral award on 21 September 2017.
The court held that the arbitral award should be recognized and enforced in accordance with the New York
Convention, the CPL and applicable judicial interpretations.
7. The No. A01/2012/222 arbitral award made by the ICA was recognized and enforced
Catchwords: arbitration agreement - due process (service of process)
The case of Louis Dreyfus Commodities Suisse SA’s application for recognition and enforcement of the No.
A01/2012/222 arbitral award made by the ICA, against the respondent, Ningbo Future Import & Export Co., Ltd.
(Case No. [2015] Zhe Yong Zhong Que Zi No. 5 ([2015] 5 )).
The case was registered by Ningbo Intermediate People's Court of Zhejiang Province on 7 December 2015, and a
ruling was rendered on 28 January 2018, approving the application for recognition and enforcement of the said ICA
arbitral award.
The applicant and the respondent signed a series of raw cotton sales contracts for the period from July to October
2010. However, the parties had disputes during the performance thereof. The applicant therefore filed an arbitration
request with the ICA pursuant to the arbitration clause therein. The ICA rendered an arbitral award on 28 October
2014. The court held that the arbitral award should be recognized and enforced in accordance with the New York
Convention and the CPL.
8. The No. A01/2012/152 arbitral award made by the ICA was recognized and enforced
Catchwords: formal conditions (authentication and certification) – arbitration agreement - the jurisdiction defence
The case of JessSmith & Sons Cotton, LLC’s application for recognition and enforcement of the No. A01/2012/222
arbitral award made by the ICA on 26 March 2015, against the respondent, Shandong Qingrun Import and Export
Co., Ltd., Ltd. (Case No. [2016] Lu 02 Wai Xie Ren Zi No. 3 ([2016] 02 3 )).
The case was registered by Qingdao Intermediate People's Court of Shandong Province, and a ruling was rendered
on 26 April 2018, approving the application for recognition and enforcement of the said ICA arbitral award.
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The applicant and the respondent signed three sales contracts. However, the parties had disputes during the
performance thereof. The applicant therefore filed an arbitration request with the ICA pursuant to the arbitration
clause therein. The ICA rendered an arbitral award on 26 March 2015.
The court held that the arbitral award should be recognized and enforced in accordance with the New York
Convention and the CPL.
9. The No. A01/2016/01 arbitral award made by the ICA was recognized and enforced
Catchwords: due process (service of process)
The case of Olam International Limited’s application for recognition and enforcement of the No. A01/2016/01 arbitral
award made by the ICA on 5 September 2016, against the respondent, Zhengzhou Chaoge Spinning Co., Ltd.
(Case No. [2015] Zhe Yong Zhong Que Zi No. 5 ([2015] 5 )).
The case was registered by Zhengzhou Intermediate People's Court of Henan Province on 27 December 2018,
approving the application for recognition and enforcement of the said ICA arbitral award.
The applicant and the respondent signed three sales contracts of raw cotton. However, the parties had disputes
during the performance thereof. The applicant therefore filed an arbitration request with the ICA pursuant to the
arbitration clause therein. The ICA rendered an arbitral award on 5 September 2016.
The court held that the arbitral award should be recognized and enforced in accordance with the New York
Convention and the CPL.
10. The No. 4419 arbitral award made by the FOSFA was recognized and enforced
Catchwords: due process (proper notice, service of process) - irregular procedure (composition of the arbitral
authority) – public policy (GM food)
The case of Beiliang (Hong Kong) Co., Ltd.’s application for recognition and enforcement of the No. 4419 arbitral
award made by the FOSFA, against the respondent, Rizhao Xingyujia Trade Co., Ltd. (Case No. [2016] Lu 11 Xie
Wai Ren No. 1 ([2016] 11 1 )).
The case was registered by Rizhao Intermediate People's Court of Shandong Province on 20 January 2016, and a
ruling was rendered on 9 January 2018, approving the application for recognition and enforcement of the said
FOSFA arbitral award.
The applicant and the respondent signed a sales contract, and a dispute arose because the respondent did not
open the letter of credit within the agreed period. On 17 September 2014, the applicant initiated an arbitration at the
FOSFA. On 23 June 2015, FOSFA made an arbitral award.
The respondent suggested that since the goods exported by the applicant to China under the sales contract were
genetically modified soybeans, the sale of the goods to China did not comply with Chinese laws and regulations on
genetically modified products. Thus recognition of the said arbitral award was against China's public policy. The
court held that, however, because the arbitral award was made on the scope that the applicant paid money to the
respondent, recognition of such arbitral award would not lead to a violation of China's public policy.
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The court held that the arbitral award should be recognized and enforced in accordance with the New York
Convention, the CPL and applicable judicial interpretations.
11. The No. 252/2016 arbitral award made by the ICAC was recognized and enforced
Catchwords: arbitration agreement – due process (proper notice, opportunity to present its case)
The case of VALF-RUS, Limited Liability Company’s application for recognition and enforcement of the No.
252/2016 arbitral award made by the ICAC in Russia, against the respondent, Zhejiang Taizhou Huangyan
Jingzheng Mould Co., Ltd (Case No. [2018] Zhe 10 Xie Wai Ren No. 1 ([2018] 10 1 )).
The case was registered by Taizhou Intermediate People's Court of Zhejiang Province on 5 February 2018, and a
ruling was rendered on 4 April 2018, approving the application for recognition and enforcement of the said ICAC
arbitral award.
The applicant and the respondent signed a contract of international goods sales. However, the parties had disputes
during the performance thereof and the applicant therefore filed an arbitration request with the ICAC on 27
December 2016. The ICAC rendered an arbitral award on 3 August 2017.
The court held that the arbitral award should be recognized and enforced under the New York Convention, the
China-Russia bilateral treaties and the CPL.
12. The No. CAS2014/0/3791 arbitral award made by the CAS was recognized and enforced
Catchwords: arbitration agreement – due process (service of process)
The case of Juan de Dios Crespo Perez and Alfonso Vargas ’s application for recognition and enforcement of the
No. CAS2014/0/3791 arbitral award made by the CAS, against the respondent, Dalian Yifang Football Club Co., Ltd.
(Case No. [2017] Liao 02 Min Chu No. 583 ([2017] 02 583 )).
The case was registered by Dalian Intermediate People's Court of Liaoning Province on 15 September 2017, and a
ruling was rendered on 1 August 2018, approving the application for recognition and enforcement of the said CAS
arbitral award.
The Argentine football player, Gustavo Javier Canales, sued the respondent before the FIFA. To this end, the
respondent entrusted two applicants as its agents to act on behalf itself before the FIFA, and two applicants and the
respondent entered into a legal service agreement on the matter. Thereafter, disputes arose between the parties
because the respondent did not pay legal services fees pursuant to the agreement. On 24 October 2014, two
applicants filed an arbitration request with the CAS. On 17 September 2015, the CAS made an arbitral award in
Switzerland.
The court held that the arbitral award should be recognized and enforced in accordance with the New York
Convention, the CPL and applicable judicial interpretations.
13. The No. 15113-0022 arbitral award made by the KCAB was recognized and enforced
Catchwords: due process (proper notice) – public policy (foreign exchange control)
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The case of ACUON Capital’s application for recognition and enforcement of the No. 15113-0022 arbitral award
made by the KCAB, against the respondent, A Tian and B Tian (Case No. [2018] Ji 24 Xie Wai Ren No. 163 ([2018]
24 163 )).
The case was registered by Intermediate People's Court of Yanbian Korean Autonomous Prefecture, Jilin Province
on 22 May 2017, and a ruling was rendered on 15 November 2018, approving the application for recognition and
enforcement of the said KCAB arbitral award.
The applicant as the lender entered into a loan contract with the relevant company and the two respondents acted
as guarantors. Afterwards, the parties thereto had disputes over the debt. The applicant filed an arbitration request
with the KCAB, which made an arbitral award on 4 August 2016.
Respondents argued that in accordance with relevant rules of China's foreign exchange administration, if the
respondents, Chinese citizens, provided the guarantee to offshore companies, the applicant and the respondents
must go to the foreign exchange administration bureau to apply for offshore guarantee approval and go through the
registration procedures. However, in this case, the parties did not obtain the approval and go through such
registration formalities. Therefore, respondents believed that according to Chinese laws, the offshore guarantee
contract entered between the applicant and the respondents was invalid. Accordingly, recognizing or enforcing the
arbitral award made by the KCAB based on the guarantee contract would violate China's public policy.
However, the court held that there was no violation of public policy. The court stated that none of the grounds for
refusal under Article V of the New York Convention existed in this case, where the KCAB conducted an arbitration
pursuant to the applicable law as stipulated in the contract, i.e., the South Korean laws.
The court held that the arbitral award should be recognized and enforced under the New York Convention, the
bilateral treaty between China and South Korea, and the CPL.
14. Two arbitral awards, made by 3 arbitrators respectively on 6 January 2014 and 3 October 2014, were
recognized and enforced
Catchwords: ad hoc arbitration
The case of Maspal Investment Corporation ’s application for recognition and enforcement of the two arbitral awards
made by three arbitrators, namely Michael Baker-Harber, Ian Kinnell and Christopher John William Moss, on 6
January 2014 and 3 October 2014, against the respondents, East Sunrise(Group) Co, Limited and Taizhou Star
Limited. (Case No. [2016] Zhe 72 Xie Wai Ren No. 5 ([2016] 72 5 ) and Case No. [2016] Zhe 72 Xie Wai
Ren No. 5 ([2016] 72 5 ) ) .
The applicant and the two respondents had a dispute over a vessel sales contract. The three arbitrators made an
arbitral award concerned with the payment on 6 January 2014, and made a second arbitral award on 3 October
2014, with regard to the damages.
Ningbo Maritime Court registered the case on 22 September 2016, and made two rulings on 20 March 2018 to
recognize and enforce the two arbitral awards.
The court held that the arbitral awards should be recognized and enforced in accordance with the New York
Convention, the CPL and applicable judicial interpretations.
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15. The application for recognition and enforcement of the No. 113 arbitral award made by the SIAC in 2017
was transferred by the court concerned to another competent court
Catchwords: jurisdiction (competent court- transferred jurisdiction)
The case of Xinsha International Co., Ltd.’s application for recognition and enforcement of the No. 113 arbitral
award made by the SIAC, against the respondent, Yingkou National Import &Export Co., Ltd. (Case No. [2018] Liao
02 Xie Wai Ren No. 9 ([2018] 02 9 )).
The applicant and the respondent had disputes over a contract of international goods sales and the applicant
therefore filed an arbitration request with the SIAC. The SIAC rendered an arbitral award on 12 October 2017.
The Dalian Intermediate People's Court of Liaoning Province registered the case on 25 May 2018. Thereafter, the
applicant filed a request for withdrawal of the application with the court on 20 June 2018, and the court allowed the
withdrawal of the application.
Afterwards, the applicant filed an application with the court again, and the court registered the case on 10
September 2018 a second time (Case No. [2018] Liao 02 AXie Wai Ren No. 17 ([2018] 02 17 )).
The court held that the applicant should apply to the intermediate people's court where the respondent's domicile or
property is located. The respondent’s domicile is not within the jurisdiction of the court, and the applicant has not
provided any proof indicating that the property of the respondent is in the jurisdiction of the court. Therefore, the
court held that the respondent's domicile was located in the jurisdiction of the Yingkou Intermediate People's Court
of Liaoning Province (“Yingkou Court”). Accordingly, the court made a ruling on 5 November 2018, transferring the
case to Yingkou Court. At present, we have not found Yingkou Court’s decision on this case yet.
16. After the No. 4437 and No. 4438 arbitral awards made by the FOSFA were applied for recognition and
enforcement, the applicants withdrew the two applications.
Catchwords: case withdrawn
The cases of Admasia-Pacific trading Pte.Ltd’s application for recognition and enforcement of the two arbitral
awards made by the FOSFA, against the respondent, Rizhao Xingyujia Trade Co., Ltd. (these two cases are
respectively the case of “ [2016] Lu 11 Xie Wai Ren No. 4” ([2016] 11 4 ) and the case of “ [2016] Lu 11
Xie Wai Ren No. 5” ([2016] 11 5 )) .
The case was registered by Rizhao Intermediate People's Court of Shandong Province on 23 August 2016.
Thereafter, on the grounds that the two parties had settled and the applicant received the settlement payment, the
applicant filed a request to withdraw the two applications on 11 June 2018. The court ruled on the same day,
allowing the withdrawal of applications.
17. After the No. 4476 and No. 4439 arbitral awards made by FOSFA were applied for recognition and
enforcement, the applicants withdrew the two applications.
Catchwords: case withdrawn
The cases of Columbia Grain Trading Inc.’s application for recognition and enforcement of the two arbitral awards
made by the FOSFA, against the respondent, Rizhao Xingyujia Trade Co., Ltd. (these two cases are respectively
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the case of “ [2017] Lu 11 Xie Wai Ren No. 6” ([2017] 11 6 ) and the case of “ [2017] Lu 11 Xie Wai Ren
No. 7” ([2017] 11 7 )).
The case was registered by Rizhao Intermediate People's Court of Shandong Province on 20 October 2017.
Thereafter, on the grounds that the two parties had settled and the applicant had received the settlement payment,
the applicant filed a request to withdraw the two applications on 20 September 2018. The court ruled on the same
day that the applications were withdrawn.
18. After the No. A01/2013/36 arbitral awards made by the ICA was applied for recognition and enforcement,
the applicant withdrew the application.
Catchwords: case withdrawn
The cases of Omnicotton, Inc’s application for recognition and enforcement of the No. A01/2013/36 arbitral award
made by the ICA, against the respondent, Shandong Yanggu Shunda Textile Co., Ltd. (Case No. [2015] Liao Min
Wu Chu Zi No. 6 ([2015] 6 )).
Liaocheng Intermediate People's Court of Shandong Province registered the case. Thereafter, Omnicotton filed a
request for withdrawal of the application on 13 July 2018, on the grounds that the two parties had entered into a
settlement agreement. The court ruled on 13 August 2018 that the application was withdrawn.
19. After the No. 19980/MCP/DDA arbitral award made by the ICC was applied for recognition and
enforcement, the applicant withdrew the application.
Catchwords: case withdrawn
The cases of Kahale Technical Group LLC (Kahale)’s application for recognition and enforcement of the No.
19980/MCP/DDA arbitral award made by the ICC, against the respondent, Shandong Electric Power Construction
Corporation III (Case No. [2017] Lu 02 Xie Wai Ren No. 6 ([2017] 02 6 )).
Qingdao Intermediate People's Court of Shandong Province registered the case on 14 September 2017. Thereafter,
Kahale filed a request for withdrawal of the application on 27 June 2018. The court ruled on the same day that the
application was withdrawn.
20. After the arbitral award made by an unknown arbitrator was applied for recognition and enforcement,
the applicant withdrew the application.
Catchwords: case withdrawn
The cases of Plama Investment’s application for recognition and enforcement of the arbitral award, against the
respondent, Shanghai Chaori International Trade Co., Ltd. (Case No. [2017] Hu 01 Xie Wai Ren No.2([2017] 01
2 )).
Shanghai First Intermediate People's Court registered the case on 5 June 2018. Thereafter, the applicant filed a
request for withdrawal of the application on 31 January 2018, and the court ruled on 6 February 2018 that the
application was withdrawn. At present, the name of the involved foreign arbitration institution is not yet known.
21. After the arbitral award made by an unknown arbitrator was applied for recognition and enforcement,
the applicant withdrew the application.
12. 2018 CJO Report: Recognition and Enforcement of Foreign Arbitral Awards in China
www.chinajusticeobserver.com 11 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Catchwords: case withdrawn
The cases of Olam International Limited’s application for recognition and enforcement of the arbitral award, against
the respondent, Zhengzhou Chaoge Spinning Co., Ltd. (Case No. [2018] Yu 01 Xie Wai Ren No.2 ([2018] 01
2 )).
Zhengzhou Intermediate People's Court of Henan Province registered the case on 3 February 2017. Afterwards,
Olam didn’t pay the litigation fees within the time limit specified by the court and applied for withdrawal of the
application. The court ruled on 14 June 2018 that the application was withdrawn. At present, the name of the
involved foreign arbitration institution is not yet known.
CJO Note: If you would like to have the full texts of aforementioned judgments, please feel free to contact Ms. Meng
Yu (meng.yu@chinajusticeobserver.com).
13. Abbreviations
www.chinajusticeobserver.com 12 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Abbreviations
Result:
“Yes” - a Chinese court ruling is rendered on the recognition and enforcement of the arbitral award.
“No” - a Chinese court ruling is rendered against the recognition and enforcement of the arbitral award.
“Partial enforcement” - a Chinese court ruling is rendered on partial enforcement of the arbitral award.
“Withdrawal” - a Chinese court ruling is rendered to grant the motion to withdraw.
“Dismissal” - a Chinese court ruling is rendered to dismiss the application.
“Non-acceptance” - a Chinese court ruling is rendered to refuse to accept the case.
Arbitral Award:
The case number (and the date) of the arbitral award
Date:
The date of the Chinese court ruling
Bases:
“New York Convention” - The Chinese court ruling was rendered based on the Convention on the Recognition
and Enforcement of Foreign Arbitral Awards (the “New York Convention”)
“Arrangement” - The Chinese court ruling was rendered based on the Arrangement of the Supreme People's
Court on the Mutual Execution of Arbitral Awards between the Mainland and the Hong Kong Special
Administrative Region (the “Arrangement”)
“CPL” - The Civil Procedure Law of the People's Republic of China
Petitioner:
The party filing a petition to recognize and enforce the arbitral award
Respondent:
The party against whom the arbitral award is invoked
Chinese court:
The Chinese court that rendered the ruling
Court decision:
The docket number of the Chinese court ruling
Grounds:
The specific ground for refusal under the New York Convention or under the Arrangement, if the recognition and
enforcement of an arbitral award is refused
14. Case List of ICC Arbitral Awards in China
www.chinajusticeobserver.com 13 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Case List of ICC Arbitral Awards in China
The Case List is continually updated with new reports. To date, we have collected 11 cases.
Result
Arbitral
Award
Date Bases Petitioner Respondent Chinese Court Court Decision Grounds
Yes
21190/T0
(May 30,
2017)
September
6, 2018
New York
Convention
Glencore Operations
South Africa
Proprietary Limited(
)
Northern Heavy
Industries Group Co.,
Ltd(
)
Shenyang
Intermediate
People's
Court(
)
[2018] 01
8
Withdr
awal
19980/M
CP/DDA
June 27,
2018
New York
Convention
Kahale Technical
Group LLC
SEPCOIII Electric
Power Construction
Co., Ltd.(
)
Qingdao
Intermediate
People's
Court(
)
[2017] 02
6
Withdr
awal
20522/CY
K
March 19,
2018
Arrangeme
nt
Urmet Domus
International SA.
AURINE
TECHNOLOGY
(HONG KONG)
LIMITED(
)
Fuzhou
Intermediate
People's
Court(
)
[2017] 01
1
Yes
20157/EM
T/GR
(October
14, 2016)
September
21, 2017
New York
Convention
VALMET,INC
Zhejiang Purike
Special Paper Co.,
Ltd.(
)
Jiaxing
Intermediate
People's
Court(
)
[2017] 04
1
15. Case List of ICC Arbitral Awards in China
www.chinajusticeobserver.com 14 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Partial
enforc
ement
18046/JH
N/GFG
(May 15,
2013)
May 5,
2017
New York
Convention
CHENCO Chemical
Engineering and
Consulting GmbH
Do-Fluoride
Chemicals Co., Ltd.(
)
Xinxiang
Intermediate
People's
Court(
)
[2015]
53
New York
Convention,
Article V 1.
(c).
No
18295/CY
K July 18,
2014 and
Novembe
r 27,
2014
June 2,
2016
Arrangeme
nt
Wicor Holding AG
Taizhou Hope
Investment Co., Ltd.(
)
Taizhou
Intermediate
People's
Court(
)
[2015]
00004
Arrangement
, Article 7(3)
Yes
16729/VR
O/AGF(Ju
ly 25,
2013)
April 28,
2016
New York
Convention
Remote Wireless
Information
Technology Co.,
Ltd.(
)
Beijing Guangxin
Jiashi Technology Co.,
Ltd.(
)
Beijing Third
Intermediate
People's
Court(
)
[2014]
( )
12398
Yes
19694/EM
T(October
30, 2014)
October 23,
2015
New York
Convention
SuperSonic Imagine
SA
Beijing Huaxing
Yuanda International
Technology Co.,
Ltd.(
)
Beijing Fourth
Intermediate
People's
Court(
)
[2015]
( )
00195
16. Case List of ICC Arbitral Awards in China
www.chinajusticeobserver.com 15 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Yes
17808/AR
P(Septem
ber 19,
2012) and
17808/AR
P/MD(De
cember
19, 2012)
May 18,
2015
New York
Convention
Minaj Holdings Limited
Rizhao Qiyi
International Import
and Export Trade Co.,
Ltd.(
)
Rizhao
Intermediate
People's
Court(
)
[2014]
10
Yes
18866/CY
K
(October
24, 2012)
September
30, 2014
New York
Convention
TRUST BRIDGEPTE
LTD
Qingdao Yongxinda
Petrochemical Co.,
Ltd.(
)
Qingdao
Intermediate
People's
Court(
)
[2014]
1
Yes
17180/CY
K (June
15, 2012)
July 14,
2014
Arrangeme
nt
Brambill Limited
Zhangjiagang Huafeng
Heavy Equipment
Manufacturing Co.,
Ltd.(
)
Suzhou
Intermediate
People's
Court(
)
[2014]
00031
17. Case List of SCC Arbitral Awards in China
www.chinajusticeobserver.com 16 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Case List of SCC Arbitral Awards in China
The Case List is continually updated with new reports. To date, we have collected 2 cases.
Result
Arbitral
Award
Date Bases Petitioner Respondent Chinese Court Court Decision Grounds
Non-a
ccepta
nce
(January
30, 2014)
September
22, 2016
CPL
Changsheng Trading
Co.Inc
Henan Jianghe
Industry Co., Ltd. (
)
Jiangsu Higher
People's Court
(
)
[2016]
783
Lack of
jurisdiction
Yes
V(2014/1
43)(Octob
er 9,
2015)
August 14,
2017
New York
Convention
on Society Ltd. (SPS
)
Panjin Heyun Industrial
Group Co., Ltd. (
)
Dalian
Intermediate
People's Court
(
)
[2016] 02
12
18. Case List of LMAA Arbitral Awards in China
www.chinajusticeobserver.com 17 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Case List of LMAA Arbitral Awards in China
The Case List is continually updated with new reports. To date, we have collected 26 cases.
Result
Arbitral
Award
Date Bases Petitioner Respondent Chinese Court Court Decision Grounds
Dismis
sal
(May 16,
2017)
December
19, 2018
New York
Convention
Sea Dolphin Shipping
Limited.
Xiamen Jianfa
Agricultural Products
Co., Ltd. (
)
Xiamen
Maritime Court
( )
[2017] 72
1
New York
Convention,
Article IV 1.
(a).
Yes
(Septemb
er 21,
2017)
November
13, 2018
New York
Convention
Cosco shipping Heavy
Industry Co., Ltd. (
)
Bramco.L.L.C.
Guangzhou
Maritime Court
( )
[2018] 72
2
Yes
(Novemb
er 1,
2016)
May 25,
2018
New York
Convention
Chinaland Shipping
Pte. Ltd. (
)
Conor Shipping
Company Limited.
Tianjin Maritime
Court (
)
[2018] 72
2
Yes
(Novemb
er 1,
2016)
May 25,
2018
New York
Convention
Chinaland Shipping
Pte. Ltd. (
)
Conor Shipping
Company Limited.
Tianjin Maritime
Court (
)
[2018] 72
3
Yes
(October
11, 2016)
December
6, 2017
New York
Convention
Guoyu Dolphin Two
Ltd
Tangshan Fuyi
Materials Co., Ltd. (
)
Langfang
Intermediate
People's Court
(
)
[2017] 10
3
19. Case List of LMAA Arbitral Awards in China
www.chinajusticeobserver.com 18 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Yes
(August
11, 2016)
December
14, 2017
New York
Convention
Guoyu Dolphin Two
Ltd
Tangshan Fuyi
Materials Co., Ltd. (
)
Langfang
Intermediate
People's Court
(
)
[2017] 10
4
Yes
(August 4,
2016 &
Novembe
r 21,
2016)
December
28, 2017
New York
Convention
Core White Limited.
Jiangsu Rongsheng
Heavy Industry Co.,
Ltd. (
)
Wuhan Maritime
Court (
)
[2017] 72
3
Yes
(August 4,
2016 &
Novembe
r 21,
2016)
December
16, 2017
New York
Convention
Rich islands limited.
Jiangsu Rongsheng
Heavy Industry Co.,
Ltd. (
)
Wuhan Maritime
Court (
)
[2017] 72
2
Yes
(August 4,
2016 &
Novembe
r 21,
2016)
December
16, 2017
New York
Convention
Top GrandLimited.
Jiangsu Rongsheng
Heavy Industry Co.,
Ltd. (
)
Wuhan Maritime
Court (
)
[2017] 72
4
Yes
(August 4,
2016 &
Novembe
r 21,
2016)
December
16, 2017
New York
Convention
Rhine Star Limited.
Jiangsu Rongsheng
Heavy Industry Co.,
Ltd. (
)
Wuhan Maritime
Court (
)
[2017] 72
5
20. Case List of LMAA Arbitral Awards in China
www.chinajusticeobserver.com 19 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Yes
(August 4,
2016 &
Novembe
r 21,
2016)
December
16, 2017
New York
Convention
Season Navigation
Ltd.
Jiangsu Rongsheng
Heavy Industry Co.,
Ltd. (
)
Wuhan Maritime
Court (
)
[2017] 72
6
Yes
(October
6, 2017)
December
15, 2017
New York
Convention
Youda (Shanghai)
International Freight
Co., Ltd. ( ( )
)
Shanghai Zhonghao
International Freight
Forwarding Co., Ltd.
(
)
Shanghai
Maritime Court
( )
[2017] 72
1
Yes
(October
8, 2014)
September
9, 2017
New York
Convention
BBC Chartering &
Logistic GmbH & Co.
KG
Zhenjiang Aihai
Shipbuilding Co., Ltd.
(
)
Wuhan Maritime
Court (
)
[2016] 72
2
Yes
(January
13, 2016)
August
15th, 2017
New York
Convention
Korea Line
Corporation
HNA Group Co., Ltd.
( )
Haikou Maritime
Court (
)
[2016] 72
1
Yes
(October
6, 2014 &
October
17, 2014)
May 19,
2016
New York
Convention
BBC Chartering &
Logistic GmbH & Co.
KG
Shanghai Moreover
International Freight
Co.,Ltd. (
)
Shanghai
Maritime Court
( )
[2015]
2
Yes
(August
10, 2015
and
August
28, 2015)
April 21,
2016
New York
Convention
Emarat Maritime, LLC.
Milocean Limited (
)
Shanghai
Maritime Court
( )
[2016] 72
1
21. Case List of LMAA Arbitral Awards in China
www.chinajusticeobserver.com 20 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Yes
(Decemb
er 2,
2014)
March 22,
2016
New York
Convention
Johann M. K.
Blumenthal GmbH &
Co. KG.
Jiangsu Rongsheng
Heavy Industry Co.,
Ltd. (
)
Shanghai
Maritime Court
( )
[2015]
3
Yes
(Septemb
er 1,
2013)
February
22, 2016
New York
Convention
Schiffahrts-Gesellscha
ft MS Mentor mbH &
Co. KG
Grand China Shipping
(Yantai) Co., Ltd. (
)
Qingdao
Maritime Court
( )
[2015]
1552
Yes
(May 13,
2014)
December
10, 2014
New York
Convention
Daewoo Shipbuilding
Marine Engineering
Co. Ltd.
Alpha Elephant Inc. &
Noel Venture Limited
Xiamen
Maritime Court
( )
[2014]
14
Yes
(May 13,
2014)
December
10, 2014
New York
Convention
Daewoo Shipbuilding
Marine Engineering
Co. Ltd.
Beta Elephant Inc. &
Noel Venture Limited
Xiamen
Maritime Court
( )
[2014]
13
Yes
(March
10, 2014)
July 23,
2014
New York
Convention
Spring Maritime
Limited
Shandong Haina Real
Estate Co., Ltd. (
)
Qingdao
Maritime Court
( )
[2014]
722
Yes
(July 19,
2013 &
August
29, 2013)
July 22,
2014
New York
Convention
Spring Maritime
Limited
Shandong Haina Real
Estate Co., Ltd. (
)
Qingdao
Maritime Court
( )
[2013]
1032
Yes
(February
27, 2014)
July 22,
2014
New York
Convention
Summer Maritime
Limited.
Shandong Haina Real
Estate Co., Ltd. (
)
Qingdao
Maritime Court
( )
[2014]
721
22. Case List of LMAA Arbitral Awards in China
www.chinajusticeobserver.com 21 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
No
(June 2,
2010)
July 12,
2012
New York
Convention
Western Bulk Pte Ltd.
Beijing Zhonggang
Tiantie Steel Trading
Co., Ltd. (
)
Tianjin Maritime
Court (
)
[2010]
6
New York
Convention,
Article V 1.
(d).
Yes
(Decemb
er 5,
2013)
May 29,
2014
New York
Convention
Pacific Carriers
Limited.
Zhejiang Hongguan
Shipbuilding Co., Ltd.
(
)
Ningbo Maritime
Court (
)
[2014]
1
Yes
(Decemb
er 5,
2013)
May 29,
2014
New York
Convention
Pacific Carriers
Limited.
Zhejiang Hongguan
Shipbuilding Co., Ltd.
(
)
Ningbo Maritime
Court (
)
[2014]
2
23. Case List of SIAC Arbitral Awards in China
www.chinajusticeobserver.com 22 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Case List of SIAC Arbitral Awards in China
The Case List is continually updated with new reports. To date, we have collected 25 cases.
Result
Arbitral
Award
Date Bases Petitioner Respondent Chinese Court Court Decision Grounds
Yes
ARB008/1
6/JC
(Septemb
er 22,
2016)
August 23,
2018
New York
Convention
Golden Agri
International Pte. Ltd.
Shandong Changhua
Industrial Development
Co., Ltd. (
)
Rizhao
Intermediate
People's Court
(
)
[2017] 11
4
Partial
enforc
ement
ARB130/1
1/MJL
(August
26, 2015)
August 31,
2017
New York
Convention
Bright Morning Ltd.
Yixing Leyi Textile
Group Co., Ltd. (
)
Wuxi
Intermediate
People's Court
(
)
[2016] 02
1
New York
Convention,
Article V 1.
(c).
Yes
ARB035/1
5/ACU
(June 22,
2016)
August 24,
2017
New York
Convention
Rex Commodities Pte.
Ltd.
Qingdao Haiyunda
Economic and Trade
Co., Ltd. (
)
Qingdao
Intermediate
People's Court
(
)
[2017] 02
4
Yes
No.085 of
2015
(October
19, 2015)
August 7,
2017
New York
Convention
InterChem Pte. Ltd.
Rizhao Nuobo
International Trade
Co., Ltd. (
)
Rizhao
Intermediate
People's Court
(
)
[2016] 11
6
24. Case List of SIAC Arbitral Awards in China
www.chinajusticeobserver.com 23 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Yes
No. 047 of
2015
(October
9, 2015)
June 29,
2017
New York
Convention
InterChem Pte. Ltd.
Jiangsu Textile
Industry (Group)
Import and Export Co.,
Ltd. (
)
Nanjing
Intermediate
People's Court
(
)
[2017] 01
2
Yes
No. 091 of
2016
(October
9, 2015)
June 23,
2017
New York
Convention
China Aviation Oil
(Singapore) Co., Ltd.
Chengdu Xinhuaxin
Chemical Materials
Co., Ltd. (
)
Chengdu
Intermediate
People's Court
(
)
[2017] 01
1
Yes
No. 049 of
2015
(Novemb
er 30,
2015)
February
24, 2017
New York
Convention
Sinwa Offshore Pte.
Ltd.
Dalian Xinhe Ship
Material Supply Co.,
Ltd.
Dalian
Intermediate
People's Court
(
)
[2016] 02
2
Yes
No. 004 of
2015
(January
8, 2015)
January 13,
2017
New York
Convention
Hyundai Glovis Co.,
Ltd.
Zhejiang Qiying
Energy Chemical Co.,
Ltd. (
)
Ningbo
Intermediate
People's Court
(
)
[2015]
3
Yes
ARB058/1
3/SL
(Decemb
er 9,
2015)
December
26, 2016
New York
Convention
Xcoal Energy &
Resources
Zhongneng Binhai
Electric Fuel Tianjin
Co., Ltd. (
)
Tianjin Second
Intermediate
People's Court
(
)
[2016] 02
4
25. Case List of SIAC Arbitral Awards in China
www.chinajusticeobserver.com 24 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Yes
ARB059/1
3/SL
(Decemb
er 9,
2015)
December
26, 2016
New York
Convention
Xcoal Energy &
Resources
Zhongneng Binhai
Electric Fuel Tianjin
Co., Ltd. (
)
Tianjin Second
Intermediate
People's Court
(
)
[2016] 02
5
Yes
ARB057/1
3/SL
(Decemb
er 9,
2015)
December
26, 2016
New York
Convention
Xcoal Energy &
Resources
Zhongneng Binhai
Electric Fuel Tianjin
Co., Ltd. (
)
Tianjin Second
Intermediate
People's Court
(
)
[2016] 02
6
Yes
ARB060/1
3/SL
(Decemb
er 9,
2015)
December
26, 2016
New York
Convention
Xcoal Energy &
Resources
Zhongneng Binhai
Electric Fuel Tianjin
Co., Ltd. (
)
Tianjin Second
Intermediate
People's Court
(
)
[2016] 02
7
Yes
ARB061/1
3/SL
(Decemb
er 9,
2015)
December
26, 2016
New York
Convention
Xcoal Energy &
Resources
Zhongneng Binhai
Electric Fuel Tianjin
Co., Ltd. (
)
Tianjin Second
Intermediate
People's Court
(
)
[2016] 02
8
Yes
ARB062/1
3/SL
(Decemb
er 9,
2015)
December
26, 2016
New York
Convention
Xcoal Energy &
Resources
Zhongneng Binhai
Electric Fuel Tianjin
Co., Ltd. (
)
Tianjin Second
Intermediate
People's Court
(
)
[2016] 02
9
26. Case List of SIAC Arbitral Awards in China
www.chinajusticeobserver.com 25 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Yes
ARB063/1
3/SL
(Decemb
er 9,
2015)
December
26, 2016
New York
Convention
Xcoal Energy &
Resources
Zhongneng Binhai
Electric Fuel Tianjin
Co., Ltd. (
)
Tianjin Second
Intermediate
People's Court
(
)
[2016] 02
10
Yes
ARB016/1
5/MV
(March
14, 2016)
December
22, 2016
New York
Convention
Kolmar Group AG
Jiangsu Textile
Industry (Group)
Import and Export Co.,
Ltd. (
)
Nanjing
Intermediate
People's Court
(
)
[2016] 01
4
Yes
No. 037of
2015
(May 4,
2015) &
No. 046of
2015
(June 10,
2015)
September
27, 2016
New York
Convention
Singapore Huacheng
Holdings Pte. Ltd.
Anhui Huantai Metal
Minerals Import and
Export Co., Ltd. (
)
Hefei
Intermediate
People's Court
(
)
[2015]
00004
Yes
No. 042 of
2016
(March
21, 2016)
August 2,
2016
New York
Convention
Jiangyin Huacheng
Industrial Co., Ltd. (
)
Pipavav Defence and
Offshore Engineering
Company Ltd
Wuhan Maritime
Court (
)
[2016] 72
4
Yes
No. 029 of
2016
(February
17, 2016)
August 2,
2016
New York
Convention
Clavon Engineering
Pte. Ltd.
Pipavav Defence and
Offshore Engineering
Company Ltd
Wuhan Maritime
Court (
)
[2016] 72
4
27. Case List of SIAC Arbitral Awards in China
www.chinajusticeobserver.com 26 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Yes
No. 151 of
2012
(Septemb
er 11,
2013)
February 3,
2016
New York
Convention
LH Asian Trade
Finance Fund Ltd
Zhengzhou Aluminum
Industry Co., Ltd. (
)
Zhengzhou
Intermediate
People's Court
(
)
[2014]
50
Yes
ARB062/0
7 (August
16, 2011)
November
27, 2015
New York
Convention
Siemens International
Trading (Shanghai)
Co., Ltd. (
)
Shanghai Golden Land
Co., Ltd. (
)
Shanghai First
Intermediate
People's
Court(
)
[2013]
2
Yes
No. 054 of
2013(Jun
e 11,
2013)
March 10,
2014
New York
Convention
SK Networks
Company Limited
Shanghai Pan Pacific
Group Co., Ltd. (
)
Shanghai First
Intermediate
People's
Court(
)
[2014]
S1
Yes
No. 024 of
2014
(February
7, 2014)
December
18, 2014
New York
Convention
Metal Impex GmbH
Jiangsu Shagang
Sanzhong International
Trade Co., Ltd. (
)
Suzhou
Intermediate
People's Court
(
)
[2014]
00001
Yes
No. 160 fo
2009
(June 14,
2011)
July 16,
2013
New York
Convention
ConAgra Foods
(Mauritius) Limited
(
)
Tianjin Zhongchen
Tomato Products Co.,
Ltd. (
)
Tianjin Second
Intermediate
People's Court
(
)
[2013]
0001
28. Case List of SIAC Arbitral Awards in China
www.chinajusticeobserver.com 27 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Yes
No. 035 of
2009 &
No. 005 of
2010
Unknown
New York
Convention
Worldwide Aeros Corp.
Belle (Beijing) Aviation
Airship Co., Ltd. (
)
Beijing First
Intermediate
People's Court
(
)
[2010]
9077
29. Case List of ICDR of AAA Arbitral Awards in China
www.chinajusticeobserver.com 28 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Case List of ICDR of AAA Arbitral Awards in China
The Case List is continually updated with new reports. To date, we have collected 7 cases.
Result
Arbitral
Award
Date Bases Petitioner Respondent Chinese Court Court Decision Grounds
Yes
01-15-000
2-8143(Ja
nuary 7,
2016)
October 24,
2017
New York
Convention
Subway International
B.V.
Yu Yu ( )
Hangzhou
Intermediate
People's Court
(
)
[2017] 01
1
Yes
No.50158
T0034613
(January
24, 2014)
July 20,
2015
New York
Convention
GEA Heat
Exchangers,Inc.
Guangdong Changying
Heavy Industry Co.,
Ltd.(
)
Foshan
Intermediate
People's Court
(
)
[2015]
7
Yes
No.
50110T00
46713
(August
25, 2014)
October 19,
2015
New York
Convention
Jacobson Golf Course
Design, Inc.
Sihu izhen-hui-yuan
Property Development
Co., Ltd.(
) &
Sihui Huiguan
Investment Co., Ltd.
(
)
Zhaoqing
Intermediate
People's Court
(
)
[2015]
26
30. Case List of ICDR of AAA Arbitral Awards in China
www.chinajusticeobserver.com 29 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Yes
No.50160
T0023911
(March
13, 2012)
December
17, 2014
New York
Convention
Rick Steven Brouma
Beijing YADU
Environmental
Protection Science and
Technology Ltd. (
)
Beijing First
Intermediate
People's Court
(
)
[2014]
878
Yes
No.
50114T00
40212(Oc
tober 25,
2012)
April 22,
2014
New York
Convention
Subway International
B.V.
Fuzhou Taijiang
District Siwei
Restaurant
Management Co., Ltd.
(
)
Fuzhou
Intermediate
People's Court
(
)
[2014]
15
Yes
No.
50125T00
02913
(Decemb
er 30,
2013)
February
10, 2014
New York
Convention
Triton Container
International Limited
Yangpu Economic
Development Zone
Construction
Investment
Development Co., Ltd.
(
)
Dalian Maritime
Court (
)
[2014]
1
Yes
No.50117
T0067811
Unknown
New York
Convention
Interdigital
Communications Inc.
Jingxin Century
(Beijing) Holdings Co.,
Ltd.( ( )
)
Beijing First
Intermediate
People's Court
(
)
(2013)
8392
31. Case List of LCIA Arbitral Awards in China
www.chinajusticeobserver.com 30 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Case List of LCIA Arbitral Awards in China
The Case List is continually updated with new reports. To date, we have collected 3 cases.
Result
Arbitral
Award
Date Bases Petitioner Respondent Chinese Court Court Decision Grounds
Yes
No.
122075
(July 24,
2013)
June 24,
2016
New York
Convention
Glencore International
AG
Zhejiang Qiying
Energy Chemical Co.,
Ltd. (
)
Ningbo
Intermediate
People's Court
(
)
[2014]
1
Yes
No.
122168
(March
28th &
August
4th, 2014)
December
21, 2015
New York
Convention
Trafigura Pte. Ltd
Guangzhou China
Coal South China
Sales Co., Ltd. (
)
Guangzhou
Intermediate
People's Court
(
)
[2015[
4
Withdr
awal
No. 7932
January 8,
2015
New York
Convention
BHP Billiton Marketing
AG
Longkou Donghai
Aluminum Industry
Co., Ltd. (
)
Yantai
Intermediate
People's Court
(
)
(2010)
85
32. Case List of ICAC Arbitral Awards in China
www.chinajusticeobserver.com 31 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Case List of ICAC Arbitral Awards in China
The Case List is continually updated with new reports. To date, we have collected 5 cases.
Result
Arbitral
Award
Date Bases Petitioner Respondent Chinese Court Court Decision Grounds
Yes
No.
252/2016
(August 3,
2017)
April 4,
2018
New York
Convention
VALF-RUS, Limited
Liability Company
Zhejiang Taizhou
Huangyan Jingzheng
Mould Co., Ltd. (
)
Taizhou
Intermediate
People's Court
(
)
2018 10
1
Yes
No.
35/2014
(Novemb
er 13,
2014)
December
20, 2017
New York
Convention
Russian Season Ltd.
Yongkang Tefan
Import and Export Co.,
Ltd. (
)
Jinhua
Intermediate
People's Court
(
)
[2016] 07
3
Yes
No.
228/2013
(July 23,
2014)
May 23,
2017
New York
Convention
Russian Season Ltd.
Zhejiang Wuyi
Wanlong Door Industry
Co., Ltd. (
)
Jinhua
Intermediate
People's Court
(
)
[2016] 07
2
Yes
No.
34/2014
(Novemb
er 10,
2014)
July 19,
2016
New York
Convention
Skif Cargo
Transportation Co.,
Ltd. (
)
Suzhou Tianma Fine
Chemicals Co., Ltd. (
)
Suzhou
Intermediate
People's Court
(
)
[2015]
00003
33. Case List of ICAC Arbitral Awards in China
www.chinajusticeobserver.com 32 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Yes
No.
258/013
(May 22,
2014)
October 26,
2015
New York
Convention
Ostin Ltd.
Zhejiang Huateng
Garment Co., Ltd. (
)
Shaoxing
Intermediate
People's Court
(
)
[2015]
3 `
34. Case List of JCAA Arbitral Awards in China
www.chinajusticeobserver.com 33 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Case List of JCAA Arbitral Awards in China
The Case List is continually updated with new reports. To date, we have collected 4 cases.
Result
Arbitral
Award
Date Bases Petitioner Respondent Chinese Court Court Decision Grounds
Yes
Osaka
No. 15-03
(April 25,
2016)
Unknown
New York
Convention
Homma Machinery
Company Ltd.
Suzhou Hengding
Shipbuilding Heavy
Industry Co., Ltd. (
)
Suzhou
Intermediate
People's Court
(
)
2017 05
1
Yes
Tokyo No.
14-03
(June 9,
2014 &
June 19,
2014 )
July 20,
2015
New York
Convention
The Fukui Bank, Ltd.
Shanghai Nojiri
Opticalo Co.,Ltd. (
)
Shanghai
Second
Intermediate
People's Court
(
)
[2014]
1
Yes
Tokyo No.
11-02 &
11-10
(April 9,
2013)
May 19,
2014
New York
Convention
Maruman & Co., Ltd.
Beijing Delin Golf
Sports Development
Co., Ltd. (
)
Beijing Second
Intermediate
People's Court
(
)
[2013]
12593
Yes
Tokyo
NO. 12-13
(May 8,
2013)
April 2,
2014
New York
Convention
Tact Communications,
Inc.
Quanzhou Kadinu
Travel Products
Co.,Ltd. (
)
Quanzhou
Intermediate
People's Court
(
)
[2013]
35
35. Case List of KCAB Arbitral Awards in China
www.chinajusticeobserver.com 34 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Case List of KCAB Arbitral Awards in China
The Case List is continually updated with new reports. To date, we have collected 5 cases.
Result
Arbitral
Award
Date Bases Petitioner Respondent Chinese Court Court Decision Grounds
Yes
No.
15113-00
22
(August 4,
2016)
November
15th, 2018
New York
Convention
Acuon Capital
Corporation
Tian A & Tian B
Intermediate
People's Court
of Yanbian
Korean
Autonomous
Prefecture (
)
(2018) 24
163
Yes
No.
14113-00
03
(Septemb
er 16,
2014)
February
17, 2017
New York
Convention
KEB Hana Bank
Shandong Yahe
Agriculture Co., Ltd.
(
) & Shandong
Wanbao Group Co.,
Ltd. (
)
Xianyang
Intermediate
People's Court
(
)
[2016] 04
1
36. Case List of KCAB Arbitral Awards in China
www.chinajusticeobserver.com 35 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Yes
No.
14113-00
21
(February
2, 2015)
September
9, 2016
New York
Convention
J&Dib (Korea)
Tian Kuixiang( )
& Tian Hao ( )
Intermediate
People's Court
of Yanbian
Korean
Autonomous
Prefecture (
)
[2015]
858
Yes
No.
14113-00
14
(February
2, 2015)
November
27, 2015
New York
Convention
Li Guangyong ( )
Yanshan County
Yonghui Steel Pipe
Co., Ltd. (
)
Cangzhou
Intermediate
People's Court
(
)
[2015]
13
No
No.
12113-00
11 & No.
12112-00
12 (May
29, 2013)
January 20,
2014
New York
Convention
Beijing Chaolai
Xinsheng Sports Co.,
Ltd. (
)
Beijing Zhizhixin
Investment Consulting
Co., Ltd. (
)
Beijing Second
Intermediate
People's Court
(
)
[2013]
10670
New York
Convention,
Article V 1.
(a).
37. Case List of ICA Arbitral Awards in China
www.chinajusticeobserver.com 36 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Case List of ICA Arbitral Awards in China
The Case List is continually updated with new reports. To date, we have collected 31 cases.
Result
Arbitral
Award
Date Bases Petitioner Respondent Chinese Court Court Decision Grounds
Yes
A01/2016/
01
(Septemb
er 5,
2016)
December
27, 2018
New York
Convention
Olam International
Limited
Zhengzhou Chaoge
Spinning Co., Ltd. (
)
Zhengzhou
Intermediate
People's Court
(
)
2018 01
3
Withdr
awal
A01/2013/
36
August 13,
2018
New York
Convention
Omnicotton, Inc
Shandong Yanggu
Shunda Textile Co.,
Ltd. (
)
Liaocheng
Intermediate
People's Court
(
)
(2015)
6
Yes
A01/2012/
152
(March
26, 2015)
April 26,
2008
New York
Convention
JessSmith & Sons
Cotton, LLC
Shandong Qingrun
Import and Export Co.,
Ltd. (
)
Qingdao
Intermediate
People's Court
(
)
(2016) 02
3
Yes
A01/2012/
222
(October
28, 2014)
January 28,
2018
New York
Convention
Louis Dreyfus
Commodities Suisse
SA
Ningbo Future Import
& Export Co., Ltd. (
)
Ningbo
Intermediate
People's Court
(
)
[2015]
5
38. Case List of ICA Arbitral Awards in China
www.chinajusticeobserver.com 37 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Withdr
awal
A2012/01/
223
August 28,
2017
New York
Convention
CGG Trading B.V.
Shandong Yanggu
Shunda Textile Co.,
Ltd. (
)
Liaocheng
Intermediate
People's Court
(
)
[2015]
7
No
A01/2013/
04
June 29,
2017
New York
Convention
Plexus Cotton Limited
Jiangsu Jinhao
Industrial Co., Ltd. (
)
Yancheng
Intermediate
People's Court
(
)
[2014]
00001
New York
Convention,
Article V 1.
(a).
Yes
A01/2013/
35 (May
30, 2014)
May 24,
2017
New York
Convention
Glencore Grain B.V.
Ningbo Future Import
& Export Co., Ltd. (
)
Ningbo
Intermediate
People's Court
(
)
[2015]
4
Yes
A01/2013/
57 (April
7, 2014)
November
21, 2016
New York
Convention
Glencore Grain B.V.
Zhangjiagang Tianjiu
Textile Co., Ltd. (
)
Suzhou
Intermediate
People's Court
(
)
[2016] 05
2
Yes
A01/2012/
199
(Novemb
er 15,
2013)
September
22, 2016
New York
Convention
Glencore Grain B.V.
Shandong Jinhe
Cotton & Maize Co.,
Ltd. (
)
Jinan
Intermediate
People's Court
(
)
[2015]
7
39. Case List of ICA Arbitral Awards in China
www.chinajusticeobserver.com 38 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Yes
A01/2012/
132 (July
22, 2013)
September
22, 2016
New York
Convention
Glencore Grain B.V.
Shandong Jinhe
Cotton & Maize Co.,
Ltd. (
)
Jinan
Intermediate
People's Court
(
)
[2015]
8
Yes
(August
12, 2013)
July 7,
2016
New York
Convention
Compass Cotton B.V.
Shandong Yanggu
Shunda Textile Co.,
Ltd. (
)
Liaocheng
Intermediate
People's Court
(
)
[2014]
4
Yes
(June 23,
2014)
July 5,
2016
New York
Convention
Noble Resources Pte
Ltd.
Hubei Qinghe Textile
Co., Ltd. (
)
Yichang
Intermediate
People's Court
(
)
[2015]
00001
Yes
(Septemb
er 2,
2013)
June 12,
2016
New York
Convention
Noble Resources Pte
Ltd.
Zhejiang Xiongsheng
Industrial Co., Ltd. (
)
Shaoxing
Intermediate
People's Court
(
)
[2014]
1
Yes
(January
10, 2014)
May 25,
2016
New York
Convention
Ecom Agroindustrial
Corp. Limited - Pully,
Switzerland
Shenzhen Guotaihua
Investment Co., Ltd.
(
)
Shenzhen
Intermediate
People's Court
(
)
[2014]
60
40. Case List of ICA Arbitral Awards in China
www.chinajusticeobserver.com 39 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Yes
(January
9, 2014)
May 17,
2016
New York
Convention
Plexus Cotton Limited
Kairuide Holdings Co.,
Ltd. (
)
Dezhou
Intermediate
People's Court
(
)
[2016] 14
1
Yes
A01/2013/
47 (April
17, 2014)
March 15,
2016
New York
Convention
Olam International
Limited
Wuxi Natural Textile
Industry Co., Ltd.(
)
Wuxi
Intermediate
People's Court
(
)
[2015]
4
Yes
(February
27, 2015)
January 19,
2016
New York
Convention
Olam International
Limited
Zibo Yinhua Cotton &
Maize Co., Ltd. (
)
Zibo
Intermediate
People's Court
(
)
[2015]
1
No
(April 4,
2013)
November
2, 2015
New York
Convention
Ecom Agroindustrial
Asia Pte Ltd.
Qingdao Jinchangjiang
Group Penglai Textile
& Garment Co., Ltd.
(
)
Yantai
Intermediate
People's Court
(
)
[2014]
15
New York
Convention,
Article II
Yes
A01/2012/
161
(January
29, 2013)
August 20,
2015
New York
Convention
JessSmith & Sons
Cotton, LLC
Jihua 3509 Textile Co.,
Ltd. (
)
Xiaogan City
Intermediate
People's Court
(
)
[2014]
00001
41. Case List of ICA Arbitral Awards in China
www.chinajusticeobserver.com 40 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Yes
(January
4, 2013)
June 29,
2015
New York
Convention
Ecom USA Inc
Foshan Nanhai Zhaoli
Cotton Spinning
Knitting Co., Ltd. (
)
Foshan
Intermediate
People's Court
(
)
[2014]
125
Yes
(Novemb
er 23,
2012)
March 16,
2015
New York
Convention
Toyoshima & Co., Ltd
Qingdao Yinxia
Trading Co., Ltd. (
)
Qingdao
Intermediate
People's Court
(
)
[2014]
2
Yes
(February
20, 2013)
March 3,
2015
New York
Convention
Noble Resources Pte.
Ltd.
Kairuide Holdings Co.,
Ltd. (
)
Dezhou
Intermediate
People's Court
(
)
[2015]
3
Yes
A01/2010/
80
(January
11, 2013)
January 14,
2015
New York
Convention
Allenberg Cotton Co.
Jiangsu Nijiaxiang
Group Co., Ltd. (
)
Wuxi
Intermediate
People's Court
(
)
[2013]
0009
No
(Decemb
er 7,
2012)
January 14,
2015
New York
Convention
Louis Dreyfus
Australia Pty. Ltd
Jiangsu Nijiaxiang
Group Co., Ltd. (
)
Wuxi
Intermediate
People's Court
(
)
New York
Convention,
Article II &
Article V 1.
(a).
42. Case List of ICA Arbitral Awards in China
www.chinajusticeobserver.com 41 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Yes
(July 18,
2013)
December
12, 2014
New York
Convention
Allenberg Cotton Co.
Anhui Yuhua Textile
Co., Ltd. (
)
Hefei
Intermediate
People's Court
(
)
[2014]
00001-3
Yes
(June 24,
2013)
October 24,
2014
New York
Convention
Queensland Cotton
Corporation Pty Ltd.
Jiangyin Huafu Textile
Garment Co., Ltd. (
)
Wuxi
Intermediate
People's Court
(
)
[2013]
0002
Withdr
awal
(Septemb
er 9,
2011)
September
17, 2014
New York
Convention
Allenberg Cotton Co.
Ningbo Youngor
International Trade
Transportation Co.,
Ltd. (
)
Ningbo
Intermediate
People's Court
(
)
[2013]
2
No
A01/2012/
98
(February
6, 2013)
July 25,
2014
New York
Convention
JessSmith & Sons
Cotton, LLC
Wuxi Natural Textile
Industry Co., Ltd.(
)
Wuxi
Intermediate
People's Court
(
)
[2013]
0007
New York
Convention,
Article V 1.
(c).
Yes
(April 10,
2013)
July 2,
2014
New York
Convention
Toshima Co.
Shandong Zouping
Shenghe Textile Co.,
Ltd. (
)
Binzhou
Intermediate
People's Court
(
)
[2014]
1
43. Case List of ICA Arbitral Awards in China
www.chinajusticeobserver.com 42 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Yes
(January
11, 2013)
January 20,
2014
New York
Convention
Olam International
Limited
Jingshan Weijia Textile
Enterprise Co., Ltd. (
)
Jingmen
Intermediate
People's Court
(
)
[2013]
00019
Yes
(April 15,
2009)
August 24,
2011
New York
Convention
Noble Resources Pte.
Ltd.
Ningbo Yuxuan Import
and Export Co., Ltd.
(
)
Ningbo
Intermediate
People's Court
(
)
[2011]
354
44. Case List of FOSFA Arbitral Awards in China
www.chinajusticeobserver.com 43 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Case List of FOSFA Arbitral Awards in China
The Case List is continually updated with new reports. To date, we have collected 9 cases.
Result
Arbitral
Award
Date Bases Petitioner Respondent Chinese Court Court Decision Grounds
Yes
No. 4557
(May 8,
2018)
January 15,
2009
New York
Convention
Concordia Agritrading
Pte. Ltd.
Shandong Chenxi
Group Co., Ltd. (
)
Rizhao
Intermediate
People's Court
(
)
2018 11
4
Yes
No. 4558
(May 8,
2018)
January 15,
2009
New York
Convention
Concordia Agritrading
Pte. Ltd.
Shandong Chenxi
Group Co., Ltd. (
)
Rizhao
Intermediate
People's Court
(
)
2018 11
5
Withdr
awal
No. 4440
December
21, 2008
New York
Convention
ADM Asia-Pacific
Trading Pte. Ltd.
Inner Mongolia
Mengjia Grain and Oil
Industry Group Co.,
Ltd. (
)
Xing'anmeng
Intermediate
People's Court
(
)
[2016] 22
1
Withdr
awal
No. 4476
September
20, 2008
New York
Convention
Columbia Grain
Trading Inc.
Rizhao Xingyujia
Trading Co., Ltd. (
)
Rizhao
Intermediate
People's Court
(
)
[2017] 11
6
45. Case List of FOSFA Arbitral Awards in China
www.chinajusticeobserver.com 44 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Withdr
awal
No. 4439
September
20, 2008
New York
Convention
Columbia Grain
Trading Inc.
Rizhao Xingyujia
Trading Co., Ltd. (
)
Rizhao
Intermediate
People's Court
(
)
[2017] 11
7
Withdr
awal
No. 4438
June 13,
2017
New York
Convention
ADM Asia-Pacific
Trading Pte. Ltd.
Rizhao Xingyujia
Trading Co., Ltd. (
)
Rizhao
Intermediate
People's Court
(
)
[2016] 11
4
Withdr
awal
No. 4437
June 11
2017
New York
Convention
ADM Asia-Pacific
Trading Pte. Ltd.
Rizhao Xingyujia
Trading Co., Ltd. (
)
Rizhao
Intermediate
People's Court
(
)
[2016] 11
5
Yes No. 4419
January 9,
2018
New York
Convention
Beiliang (Hong Kong)
Co., Ltd. (
)
Rizhao Xingyujia
Trading Co., Ltd. (
)
Rizhao
Intermediate
People's Court
(
)
(2016) 11
1
Yes
No. 4451
(February
26, 2016)
October 14,
2017
New York
Convention
Columbia Grain
Trading Inc.
Shandong Shenying
Coal Trading Co., Ltd.
(
)
Rizhao
Intermediate
People's Court
(
)
[2017] 11
1
46. Case List of CAS Arbitral Awards in China
www.chinajusticeobserver.com 45 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
Case List of CAS Arbitral Awards in China
The Case List is continually updated with new reports. To date, we have collected 1 case.
Result
Arbitral
Award
Date Bases Petitioner Respondent Chinese Court Court Decision Grounds
Yes
No.
CAS2014/
0/3791
August 1,
2018
New York
Convention
Juan de Dios Crespo
Perez & Alfonso
Vargas
Dalian Yifang Football
Club Co., Ltd.(
)
Dalian
Intermediate
People's Court
(
)
[2017] 02
583
47. About China Justice Observer (CJO)
www.chinajusticeobserver.com 46 2018 CJO Report:
Recognition and Enforcement of Foreign Arbitral Awards in China
About China Justice Observer (CJO)
China Justice Observer is committed to present the real Chinese judicial system. If you need to settle disputes in China,
we help you build reasonable expectations and develop effective strategies and solutions. If you are intrigued by
China’s justice, we help you explore this fascinating field.
CJO is co-founded by Guodong Du and Meng Yu. Guodong Du is a lawyer of Dentons Beijing Office. Meng Yu is a
researcher and received her PhD from China University of Political Science and Law. Our friends in China’s legal
profession also contribute to the CJO.
Each month we focus on one to two topics, and we compile and publish all related posts in one issue. Particular
attention has been paid in recent months to the following topics, with more newsletters coming soon.
Ø Recognition and Enforcement of Foreign Judgments in China;
Ø Recognition and Enforcement of Foreign Arbitral Awards in China;
Ø How Chinese Courts Work;
Ø E-justice in China; and
Ø China’s Judicial Reform.
For more issues, please feel free to download via the link: chinajusticeobserver.com/guides
If you wish to know more about Chinese judicial system, or if you would like to discuss with us about the post, or share
your views and suggestions, please contact Meng Yu via e-mail at meng.yu@chinajusticeobserver.com.
If you need legal services for the recognition and enforcement of foreign judgments and arbitral awards in China,
please contact Guodong Du via e-mail at guodong.du@chinajusticeobserver.com. Mr. Du has been a practicing lawyer
for over ten years in China, and specializes in cross-border dispute resolution, in particular in the recognition and
enforcement of foreign judgments and arbitral awards in China.
For more information, please visit the CJO website (www.chinajusticeobserver.com , or subscribe to our newsletters
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