The international law firm of Skadden, Arps, Slate, Meagher & Flom LLP has just published its Spring/Summer 2010 Newsletter. This edition has several interesting articles, including “Enforcement of Non-Domestic Arbitral Awards in China.” Here is an excerpt:
The ability of parties to international contracts to enforce Hong
Kong arbitral awards in China is crucially important to Hong Kong’s
future as a leading regional arbitration center — Hong Kong being
generally perceived as a user-friendly and neutral venue for the
resolution through arbitration of business disputes between Chinese
and foreign enterprises. An important milestone was reached
when, on Dec. 30, 2009, the enforceability of Hong Kong arbitral
awards in Mainland China was confirmed and reinforced by a notice
of the Supreme People’s Court, the highest judicial body in China.
This article examines the legal framework for the enforcement of
non-domestic arbitral awards in China and observes that the judicial
system there is continuing its evolution towards a full recognition
of the needs of international business to have certainty over the
ability to enforce international arbitration awards in Mainland China,
including those made in Hong Kong.
You may download the entire newsletter (for free) here.