About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



11 Asian Int'l Arb. J. 1 (2015)

handle is hein.kluwer/asiainta0011 and id is 1 raw text is: 








      THE PROCEDURE FOR ENFORCEMENT OF
    FOREIGN-RELATED AND FOREIGN ARBITRAL
  AWARDS IN THE PEOPLE'S REPUBLIC OF CHINA:
            IS THERE A NEED FOR REFORM?


                      by Samantha Jayne Lord





                        A. INTRODUCTION
While many esteemed authors focus their attention on the grounds on which
a court may refuse to enforce a foreign or foreign-related arbitral award in the
People's Republic of China ('PRC' or 'China'), it seems that little attention is
paid to the procedure for enforcement of an award, whether it be foreign or
foreign-related. This is, on the one hand, somewhat surprising given that the
concern of many businesses when entering into an arbitration agreement with
Chinese counterparties is not only whether, but also hovxv they will enforce
any resulting arbitral award against Chinese assets in the PRC. In light of this,
this paper begins by explaining the difference between foreign and foreign-
related arbitral awards in the PRC today then steps through and analyses the
mechanics of the enforcement procedures before concluding that the current
enforcement procedure is in need of reform and making recommendations in
this regard.







    Associate, International Arbitration Group, Freshfields Bruckhaus Deringer LLP,
    Dubai, LLB (Hons) (Murdoch), LLM (Murdoch), ACIArb, Lawyer admitted to
    practice in the Supreme Court of Western Australia and High Court of Australia.
    Any views set out in this article are the views of the author only and do not
    represent the views of Freshfields Bruckhaus Deringer LLP.

ASIANINTERNATIONALARBI'AIIONJOLtRNAL, VOLUME11. NUMBER 1,I AGCES1 48,
( SIAC, 2015