Developments of the Enforcement of Foreign-related and Foreign Awards in China
China has acceded to the New York Convention since 1986.However,foreign investors remain to be very skeptical on the Chinese courts” willingness to honor its international commitment,particularly when the interest of state or a state-owned enterprise is at stake.On the other hand,official and semi-official PRC sources try to assure the public of the Chinese determination torespect the New York Convention.This article intends to present an objective picture of the enforcement status in China,taking into account the latest developments supported by empirical evidence.We shall first examine the legal regime for enforcement in China and highlight the unique features with respect to the enforcement of arbitral awards reflected in the Chinese legislation (Ⅰ).Furthermore,based on an assessment of statistic information concerning China”s enforcement record (Ⅱ),and a case analysis of the judicial decisions at the Chinese courts (Ⅲ),we will make further observations on the enforcement status in China in actual practice (Ⅳ).The paper concludes by urging for further reforms to provide a viable enforcement regime in China (Ⅴ).
enforcement of arbitral awards local protectionism New York Convention
Fan Kun
Chinese University of Hong Kong
国内会议
北京
英文
568-596
2011-10-22（万方平台首次上网日期，不代表论文的发表时间）