obtained, the Chinese courts will not recognise and enforce the arbitral award. Foreign-related elements refer to one of the following factors: (I) One of the parties is a foreign entity; or (II) habitual residence of one of the parties is outside China; or (III) the subject matter of the dispute is outside China; or (IV) legal facts which creates modifies or terminates the civil relationship, occurs outside China. What legislation governs the enforcement of arbitral awards in your jurisdiction? The enforcement of arbitral awards in China is mainly governed by the Civil Procedure Law of China, judicial interpretations and circulars issued by the Supreme Court. Arbitral awards rendered by foreign arbitration institutions with Mainland China as the place of arbitration, are deemed to be foreign-related arbitral awards (i.e. a Chinese domestic award) and shall be enforced in accordance with the procedures set forth in Chapter IV “Special Provisions on Foreign-Related Civil Procedure”of the Civil Procedure Law without first having to be recognized by a court in China, while foreign arbitral awards may be enforced in accordance with the 1958 New York Convention, or on the basis of the principle of reciprocity. For the enforcement of both foreignrelated arbitral awards and foreign arbitral awards, the parties may apply to the intermediate people’s court at the place of residence or property of the person against which the enforcement is sought. But the standards for judicial review are not the same. In general, foreign arbitral award under New York Convention, are subject to a more stringent review process where local courts intend to 88 LAWYER MONTHLY FEBRUARY 2024
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