Case Study on Court Judgment in China Regarding Recognition and Enforcement of Foreign Arbitral Award (14)

Examples of where, in accordance with Article 5, paragraph 1(a) of the New York Convention, Judgments concerning Arbitration Agreements where the Applicable Law is not Stipulated in the Agreement should be Decided according to the Law of the Country where the Arbitration Took Place

Authors: Fumi Takatsuki
Magazine/Book:JCA Journal (April 2018)
Practice: International Dispute Resolution Chinese Practice International Arbitration
Date of publication: April, 2018

Other publications by Fumi Takatsuki

2021.09.30
Legal Affairs for Chinese Life Sciences and Healthcare (Part 2) –Approaching the implementation of China GVP (Good Pharmacovigilance Practice) (effective from December 1, 2021) (1)
2021.08.30
Legal Affairs for Chinese Life Sciences and Healthcare
2019.10.15
Points to Consider Regarding Advertising Expressions when Doing Business in China
2019.05.10
Case Study on Court Judgement in China Regarding Recognition and Enforcement of Foreign or External Arbitral Award
2018.12.10
Acts against Unjustifiable Advertisement and Misleading Representations in China
2017.12.27
100 Selected Cases in China, Series 250
2017.07.10
Office 40s: Business Legal Affairs: Theory and Practice regarding Civil and Commercial Laws in China [113]
2016.11.10
Recent Developments in Chinese Business Law, No. 50: Toward an Improved Cooling-off System
2016.08.15
100 Selected Cases in China, Series 234: A Case where the Court Recognized and Enforced an Award in a Foreign Arbitration between Chinese Domestic Companies Concerning Domestic Trade in China
2016.03.10
Latest Updates on Chinese Business Legal Affairs, 43rd Series: Draft Leniency Guidelines and Approval System Guidelines under the Antitrust Law of China
2016.03.10
Recent Developments in Chinese Business Law, No. 43: Draft Guidelines on the Leniency and Approval System under the Anti-monopoly Law of China
2015.11.15
100 Selected Cases in China, Series 225: A Case Involving the Copyrightable Nature of the Production of Match-up Games in an Online Battle Game
2015.08.10
Latest Updates on Chinese Business Legal Affairs, 36th Series: Ad-hoc Arbitrations and Relevant Practices in China
2015.05.13
Transcript of Lectures: Seminar on Issues concerning Arbitration Practices in China (2)
2015.04.14
Transcript of Lectures: Seminar on Issues concerning Arbitration Practices in China (1)
2015.02.12
Is an Agreement Requiring Arbitration In China by a Foreign Arbitration Body Valid?
2014.11.20
100 Selected Cases in China, 213th Series: A Case Involving the Liability of a Proprietor of an Online Shopping Mall for the Sale of Articles Infringing Trademark Rights
2014.11.19
Latest Updates on Chinese Business Legal Affairs, 29th Series: Current Risks of Non-Compliance in China and Penalties Therefor - GSK China's Commercial Bribery Case where a 53 Billion Yen Fine was Imposed
2014.03.10
Latest Updates on Chinese Business Legal Affairs, 22nd Series: Reformation of the Registered Capital System in China
2014.02.10
Collection of Claims and Information Disclosure by Courts in China
2013.08.10
Latest Updates on Chinese Business Legal Affairs, 15th Series: Latest Updates on the CIETAC Spin Off Issue
2013.03.15
100 Selected Cases in China, 193rd Series: The Case Dismissing Apple's Claim for Confirmation of the Attribution of Trademark Rights to the iPad
2012.11.10
Latest Updates on Chinese Business Legal Affairs, 8th Series: Promulgation of the Tertiary Guiding Cases Determined by the Supreme People's Court
2011.12.15
100 Selected Cases in China, 178th Series: The Case where the Judgment Upheld a Claim for Indemnification of Damages and Return of Unjust Enrichment concerning Abuse of Shareholders' Right
2011.06.15
Feature Article: On the Current Enforcement under the Antitrust Law in China - Practical Considerations on Antitrust Law in China
2010.12.15
Current Legal Risks and Considerations concerning Business in China as an Audit & Supervisory Board Member

MORE

Other publications about International Arbitration

2021.09.14
Arbitration Clauses under Revised JCAA Arbitration Rules
2021.06.11
DELOS Guide to Arbitration Places (GAP) - Japan Chapter
2020.09.30
New Arbitration Rules Based on the Civil Law Tradition ―The 2018 DIS Arbitration Rules, the Prague Rules, and the JCAA Interactive Arbitration Rules
2020.01.21
DELOS Guide to Arbitration Places (GAP) - Japan Chapter
2019.12.20
International Legal Practice
2019.02.15
Q&Aon the Amendments to the Personal Status Litigation Act, the Domestic RelationsCase Procedure Act and other laws - for the Development of the Legal Systemconcerning Jurisdiction over Cross-border Litigation
2019.01.01
Business and IP commitments in Economic Partnership Agreements (EPAs)
2018.10.26
The New DIS Arbitration Rules 2018: Germany's Offer of an Attractive Arbitration Alternative for Asian Parties
2018.06.15
[Series] Practice of ICC Arbitration [2] (Journal of the Japanese Institute of International Business Law (Vol. 46, No. 6, 2018))
2018.05.15
[Series] Practice of ICC Arbitration (Journal of the Japanese Institute of International Business Law (Vol. 46, No. 5, 2018))
2018.04.24
Case Study on Court Judgment in China Regarding Recognition and Enforcement of Foreign Arbitral Award (14)
2017.07.10
Office 40s: Business Legal Affairs: Theory and Practice regarding Civil and Commercial Laws in China [113]
2015.04.01
The Existence of a “Dispute” and the Prima Facie Test for a Tribunal to Have Jurisdiction
2014.05.01
Document Production Procedure and the Scope of Privilege in Investment Treaty Arbitration
2012.12.01
Indirect Expropriation, Fair and Equitable Treatment Obligations, and Valuation Standards and Methods of Damages under CAFTA
2011.12.01
The investment treaty arbitration decision finding that (i) the change of tax scheme after the investments and demands to hire a given level of nationals did not constitute a breach of the Fair and Equitable Treatment (FET) obligations and that (ii) a breach of contract by the central bank constituted a breach of the ‘expanded’ FET obligations imported through the MFN clause.

MORE

Other publications about Chinese Practice

2021.09.30
Legal Affairs for Chinese Life Sciences and Healthcare (Part 2) –Approaching the implementation of China GVP (Good Pharmacovigilance Practice) (effective from December 1, 2021) (1)
2021.09.30
Looking Back on the First 4 Years of the “Network Security Law” in China (Part II) -China's Regulations on Cross-border Transfer of Data, Etc.
2021.08.30
Looking Back on the First 4 Years of the “Network Security Law” (Part I)
2021.08.30
Legal Affairs for Chinese Life Sciences and Healthcare
2019.10.15
Points to Consider Regarding Advertising Expressions when Doing Business in China
2019.05.10
Case Study on Court Judgement in China Regarding Recognition and Enforcement of Foreign or External Arbitral Award
2019.03.22
Building a Compliance System for China-based Affiliates – Mainly on the Aspects of Transactions
2018.12.10
Acts against Unjustifiable Advertisement and Misleading Representations in China
2018.04.24
Case Study on Court Judgment in China Regarding Recognition and Enforcement of Foreign Arbitral Award (14)
2017.12.27
100 Selected Cases in China, Series 250
2016.12.01
Property Preservation in China - Provisions of the Supreme People's Court on several issues concerning the handling of property preservation cases by the people's court
2016.02.10
[Theory and Practice on Civil and Commercial Law in China (97)] Structure of Cross-Border E-Commerce with China and Legal Points to Note therein
2015.09.05
[Special Report] Risks Involved in Overseas Business Expansions of Small and Medium-Sized Enterprises, and Countermeasures Therefor _ Focusing on Legal Risks in China, Thailand, Vietnam and Indonesia -
2014.10.01
Regulations and Countermeasures in Respect of Chinese Monopoly Agreements -12 Japanese Auto Parts Suppliers are fined 20 Billion Yen
2014.06.01
100 Selected Cases in China (No. 208): An Introduction and Brief Study on the Notice of the Supreme People's Court of PRC on Publishing the Sixth Batch of Guiding Precedents.
2014.06.01
"(4) Part 1: Basic Legal System of lawsuits concerning Intellectual Property Rights in China" (co-authored)
2014.03.01
“Textbook on Chinese Legal Practice - From Entry to Withdrawal”
2013.06.01
Antitrust in the Emerging Economies of Asia: China and Indonesia
2013.05.01
Recent Amendments and Judicial Interpretation of Labor Related Regulations in China: Focusing on Amendments to the Labor Contract Law in China
2013.01.01
Outline and Practical Issues of Title Retention in Sales Contracts in China
2012.06.01
100 Selected Cases in China (No. 184): Case where the act of the managing company of a video-sharing site in providing data storage space to users who upload movies to such site was held to qualify as aiding copyright infringement
2010.11.01
“The Roles that Banks Can Play in their Clients' Expansion in China”
2006.04.01
Guide to International Legal Practice (1) to (11)

MORE

Other publications about International Dispute Resolution

2021.09.14
Arbitration Clauses under Revised JCAA Arbitration Rules
2021.06.11
DELOS Guide to Arbitration Places (GAP) - Japan Chapter
2020.01.21
DELOS Guide to Arbitration Places (GAP) - Japan Chapter
2019.12.20
International Legal Practice
2019.02.15
Q&Aon the Amendments to the Personal Status Litigation Act, the Domestic RelationsCase Procedure Act and other laws - for the Development of the Legal Systemconcerning Jurisdiction over Cross-border Litigation
2019.01.01
Business and IP commitments in Economic Partnership Agreements (EPAs)
2018.10.26
The New DIS Arbitration Rules 2018: Germany's Offer of an Attractive Arbitration Alternative for Asian Parties
2018.06.15
[Series] Practice of ICC Arbitration [2] (Journal of the Japanese Institute of International Business Law (Vol. 46, No. 6, 2018))
2018.05.15
[Series] Practice of ICC Arbitration (Journal of the Japanese Institute of International Business Law (Vol. 46, No. 5, 2018))
2018.04.24
Case Study on Court Judgment in China Regarding Recognition and Enforcement of Foreign Arbitral Award (14)
2017.07.10
Office 40s: Business Legal Affairs: Theory and Practice regarding Civil and Commercial Laws in China [113]
2017.04.01
[Series] Cutting-Edge Issues of International Business Law Studies (56): 2017 Revisions to ICC Arbitration Rules and their Implications
2015.04.01
The Existence of a “Dispute” and the Prima Facie Test for a Tribunal to Have Jurisdiction
2014.05.01
Document Production Procedure and the Scope of Privilege in Investment Treaty Arbitration
2012.12.01
Indirect Expropriation, Fair and Equitable Treatment Obligations, and Valuation Standards and Methods of Damages under CAFTA
2011.12.01
The investment treaty arbitration decision finding that (i) the change of tax scheme after the investments and demands to hire a given level of nationals did not constitute a breach of the Fair and Equitable Treatment (FET) obligations and that (ii) a breach of contract by the central bank constituted a breach of the ‘expanded’ FET obligations imported through the MFN clause.

MORE

Contact us

ページTOPへ