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Dispute Resolution in China - Hardcover
Dispute Resolution in China - Electronic
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ENFORCEMENT OF ARBITRAL AWARDS IN THE PRC
Jia (Jessica) Fei and Richard Hill*
I. Introduction
This Chapter discusses the law and reality of enforcement of arbitral
awards in the PRC. It begins with a description of the regulatory
framework, which has undergone rapid change in recent years. The
Chapter then discusses the legal framework for the enforcement of
arbitral awards from Hong Kong, Macau and Taiwan. This is followed
by a brief discussion of the problems and factors affecting enforcement,
including statistics and a few recent non-enforcement cases approved by
the Supreme Court of China. And a discussion on the issue of foreign
arbitration institutions’ conducting arbitration in China based on two
Chinese cases. The final part of the Chapter comprises some practical
observations for investors.
II. Regulatory Framework
A. Types of Awards
Under the current PRC laws and regulations in relation to arbitration,
there are three main types of arbitral awards: foreign, foreign-related and
domestic.1
I. Introduction
II. Regulatory Framework
III. Arbitral Awards from Hong Kong, Macau and Taiwan
IV. Enforcement of Foreign and Foreign-related Arbitral Awards in the PRC
V. Conclusion
Jia (Jessica) Fei
Ms. Fei is a Partner at Herbert Smith in Beijing. She is an international arbitration and dispute resolution specialist and has experience in representing Chinese and international clients in arbitrations under the following arbitration rules: CIETAC, ICC, SCC, ICDR, HKIAC, SIAC, and UNCITRAL. Ms. Fei covers disputes work concerning energy, construction, trade and international investment. She advises clients on commercial contracts, intellectual property rights and foreign direct investment, and deals with various Chinese government authorities on investigations and regulatory issues. She is qualified in the PRC and New York. She has worked at the China International Economic and Trade Arbitration Commission (CIETAC) in Beijing and the ICDR (International Centre for Dispute Resolution) of AAA in New York as a research fellow and case administrator. She is also listed on the international panel of arbitrators for ICDR, CIETAC, HKIAC, KLRCA and CEAC and several Chinese local arbitration institutions. Ms. Fei has contributed a number of articles on arbitration and is frequent speaker on topics related to international arbitration. She is a native Mandarin speaker, fluent in English and proficient in French.
Richard Hill
Mr. Hill leads Fulbright & Jaworski’s disputes practice in Asia. He has acted as counsel or arbitrator in over sixty international arbitrations, including several cases in which the amount in dispute has exceeded US$1 billion. He regularly appears as lead advocate in hearings before arbitral tribunals, and has substantial experience of cases under all of the major arbitral rules and in all of the leading arbitral seats in Asia, Europe and North America. He is on the Panel of Arbitrators of the Hong Kong International Arbitration Centre and also sits as an arbitrator under the ICC, UNCITRAL and other rules. He is a Member of the Chartered Institute of Arbitrators and a Fellow of the Hong Kong Institute of Arbitrators and is recommended for arbitration by several legal directories.
