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ENFORCEMENT OF A FOREIGN ARBITRAL AWARD IN CHINA: ISSUES, CRITICISMS, AND PRACTICAL SOLUTIONS

1.) INTRODUCTION

The lack of enforcement of a foreign award in China is frequently pointed out in arbitrational issues . Similar to arbitration systems worldwide, the arbitration committee is not empowered to enforce the award. The step of enforcement are to be done via the courts. As a result, the prevailing party most often must apply to a court to have the award recognized and enforced. Foreign awards that are not paid voluntarily also may be filed with a court to compel enforcement. As China acceded to the New York Convention1958, awards are enforceable in other signatory countries on the basis of reciprocity. While in principle the same should apply in China, in practice, enforcement is problematic.

Almost one in four applications are denied , but anecdotal information implies the number may be much higher . It appears that enforcement is easier to secure in major cities......

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Approximate Word Count: 4843
Approximate Pages: 20 (250 words per double-spaced page)

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