Last updated: March 14, 2019
We are endeavoring to collect all Chinese court decisions involving the recognition and enforcement of the Korean CommercialArbitration Board (KCAB, ???????) arbitral awards. The Case List is made available for our readers to get a glimpse of the role of Chinese courts in international arbitration.
The Case List is continually updated with new reports. To date, we have collected 5 cases.
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 a KCAB arbitral award is refused
Result Arbitral Award Date Bases Petitioner Respondent Chinese Court Court Decision Grounds Yes No. 15113-0022 (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 (延邊朝鮮族自治州中級人民法院) (2018)吉24協外認163號 Yes No. 14113-0003 (September 16, 2014) February 17, 2017 New York Convention KEB Hana Bank Shandong Yahe Agriculture Co., Ltd. (山東雅禾農業有限公司) & Shandong Wanbao Group Co., Ltd. (山東萬寶集團有限公司) Xianyang Intermediate People's Court (咸陽市中級人民法院) （2016）陜04協外認1號 Yes No. 14113-0021 (February 2, 2015) September 9, 2016 New York Convention J&Dib (Korea) Tian Kuixiang(田奎相) & Tian Hao (田浩) Intermediate People's Court of Yanbian Korean Autonomous Prefecture (延邊朝鮮族自治州中級人民法院) （2015）延中民三初字第858號 Yes No. 14113-0014 (February 2, 2015) November 27, 2015 New York Convention Li Guangyong (李光永) Yanshan County Yonghui Steel Pipe Co., Ltd. (鹽山縣永惠鋼管有限公司) Cangzhou Intermediate People's Court (滄州市中級人民法院) （2015）滄民特字第13號 No No. 12113-0011 & No. 12112-0012 (May 29, 2013) January 20, 2014 New York Convention Beijing Chaolai Xinsheng Sports Co., Ltd. (北京朝來新生體育休閑有限公司) Beijing Zhizhixin Investment Consulting Co., Ltd. (北京所望之信投資咨詢有限公司) Beijing Second Intermediate People's Court (北京市第二中級人民法院) （2013）二中民特字第10670號 New York Convention, Article V 1. (a).
If you would like to discuss with us about the post, or share your views and suggestions, please contact Ms. Meng Yu (meng.yu@chinajusticeobserver.com). If you would like to acquire the full text of these decisions, please also contact Ms. Meng Yu.
If you need legal services for the recognition and enforcement of foreign judgments and arbitral awards in China, please contact Mr. Guodong Du (guodong.du@chinajusticeobserver.com ). Du and his team of experienced attorneys will be able to assist you.
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Contributors: Guodong Du 杜國棟 , Meng Yu 余萌
