Recognition and enforcement of foreign arbitration awards in Mainland China
Mainland China has been a significant and active player in the global shipping market for years. It is now one of the top shipping nations scoring high on numbers of shipowners, operators, charterers and other supporting parties. It is rare that someone in shipping does not come across a Chinese counterparty.
When business thrives, disputes come along. A favourable arbitral award from outside Mainland China however does not mean that the fight is over. If the losing party refuses to honour the award, recognition and enforcement of the award is always a key to a successful recovery of claims.
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On 27 November 2020, the Supreme People s Court of the
People s Republic of China and the government of the Hong Kong
SAR signed the Supplemental Arrangement Concerning Mutual
Enforcement of Arbitral Awards between the Mainland and the Hong
Kong Special Administrative Region (the Supplemental
Arrangement).
This document clarifies and modifies the existing arrangement
between the Mainland and the Hong Kong SAR concerning mutual
enforcement of arbitral awards (the 1999 Arrangement) in four
important aspects:-
Article 1 provides that the
procedures for enforcing arbitral awards under the 1999 Arrangement