Article
Perceptions and Reality: The Enforcement of Foreign Arbitral Awards in China
UCLA Pacific Basin Law Journal
Keywords [Optional]
- international commercial arbitration,
- China,
- New York Convention
Abstract
This Article represents the most recent comprehensive effort to assess China’s record in the enforcement of arbitration awards issued outside of China. This Article fills two gaps in academic literature on China’s treatment of foreign arbitral awards. First, unlike studies that rely mainly on anecdotal evidence, this study reviews and analyzes the reasoning of leading Chinese judicial opinions interpreting and applying China’s obligations under the New York Convention. Second, unlike prior empirical studies of Chinese courts’ enforcement rates, this study also surveys global arbitration practitioners to find out information about their experiences enforcing foreign arbitral awards in China.
The Article finds that Chinese courts have, by and large, used interpretations of the New York Convention that are consistent with international practice. Moreover, the Article's survey of practitioners who have actual experience enforcing foreign arbitral awards in China finds they have enjoyed relatively high rates of success. Yet the Article also finds that there remains a gap between the perception of how Chinese courts treat arbitral awards and the reality of its jurisprudence and judicial practice.
The Article concludes by considering whether the gap between perception and reality reflects the larger problems facing China’s legal system outside the commercial context. While China has tried to bifurcate its commercial law practice from its broader legal system, the persistence of a broadly negative perception of China’s legal system suggests that there are limits to this strategy.
Citation Information
Julian Ku, Roger Alford and Bei Xiao. "Perceptions and Reality: The Enforcement of Foreign Arbitral Awards in China" Available at: http://works.bepress.com/roger_alford/48/