China News Service, Beijing, January 1 (Reporter Zhang Su) Arbitration is a non-litigation dispute resolution system under Chinese law, and it is also an internationally accepted dispute resolution method. On the 16th, the Supreme People's Court released typical cases of judicial review of arbitration, including cases of recognition (recognition) and enforcement of overseas arbitral awards.
In the case of Yihai Company's application for recognition and enforcement of a Hong Kong arbitral award, the Intermediate People's Court of Hangzhou Municipality, Zhejiang Province, accurately applied the Arrangement of the Supreme People's Court on Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region to recognize and enforce the Hong Kong arbitral award.
In releasing the case, the SPC stated that in the absence of agreement between the parties to the arbitration agreement, the law of the place where the arbitration award was made should be applied to determine the validity of the arbitration agreement, and at the same time, according to the principle of independence of the arbitration agreement, it clarified that the establishment of the arbitration clause can be independent of the conclusion of the contract, which is of reference significance for the review of similar cases.
It is also reported that in the case of Art Mosaic Company's application for recognition and enforcement of an arbitral award in Uzbekistan, the court handling the case fulfilled its international treaty obligations in good faith, strictly implemented the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, and recognized and enforced foreign arbitral awards in accordance with the law. In the case of Dacheng Industrial Gas Co., Ltd. and others, the court handling the case clarified that the arbitration clause agreed by the parties that the foreign arbitration institution to arbitrate in Chinese mainland was valid, so as to promote the diversified settlement of foreign-related commercial disputes in the pilot free trade zone.
In addition, the 10 typical cases released this time cover sports, finance and other fields, involving the validity of arbitration clauses of online lending platforms, arbitrators' disclosure obligations, arbitration procedures, re-arbitration and other issues.
According to the SPC, the release of the cases aims to further unify the standards of judicial review of arbitration by courts across the country, standardize the power of judicial review of arbitration, improve the quality and efficiency of judicial review of arbitration, and at the same time standardize and guide arbitration institutions to handle arbitration cases in accordance with the law, so as to promote the continuous improvement of the credibility and influence of arbitration in China. (ENDS)