중국에서의 국제상사중재판정의 승인 및 집행

The Recognition and Enforcement of International Arbitral Awards in China

A party who succeeds in an international commercial arbitration expects the award to be performed without delay. The majority of awards are performed voluntarily. However, where the losing party fails to carry out an award, the winning party will need to take steps to enforce performance of it. The ultimate sanction for non-performance of an award is execution(or enforcement) by court proceedings. The winning party may apply to the court for an order that the assets of the losing party be seized and sold in order to satisfy the award of the arbitral tribunal. The mechanisms for such court proceedings vary from country to country. The Chinese Courts apply different standards to enforce domestic and international arbitral awards made in China. The courts review only procedural issues of the international awards. As to domestic awards, the courts review merits of the case. Foreign awards could be divided into New York Convention awards and non-conventional awards. The Chinese courts apply New York Convention for the convention awards and apply the principle of reciprocity to the non-convention awards for enforcement. The purpose of this paper is to clarify the Chinese practice on the recognition and enforcement of international arbitral awards.