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Wunsch ARB comment on some of the trends – both positive and negative – which are discernible from the cases on enforcement, notwithstanding that there is no system of binding precedent in PRC. Again, in some of the older cases reported, the Courts have confused the criteria for enforcement of domestic and foreign-related arbitral awards [see, for example, Wahhing Development v. Local protectionism by the Courts may also be evident in relation to execution against assets, which in any event is a challenge in PRC – but which merits its own discussion.

In this blog, we explore further some of the trends apparent from our own analysis of the cases on enforcement. By contrast, where the Courts determined that there was no valid arbitration agreement – whether due to lack of capacity or otherwise – this was a ground warranting non-enforcement under Article V(1)(a) of the New York Convention [see Concordia v. Xiaolong Lu, The Recognitions and Enforcement of Foreign Arbitral Awards in China in Albert Jan van den Berg (ed), New Horizons in International Commercial Arbitration and Beyond, i CCA Congress Series, 2004 Beijing Volume 12 (Kluwer Law International 2005) pp.

Through her tireless translation of popular Chinese internet news and phenomenon, her English has apparently gotten dramatically better. Unfortunately, she's still not confident enough to have written this bio, about herself, by herself.

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As announced recently on this blog Chinese Court Decision Summaries on Arbitration, edited by Wunsch ARB, were recently published by Kluwer Arbitration. As illustrated by a brief analysis of the summaries of Chinese Court decisions published by Kluwer, the enforcement landscape in China appears to be decidedly positive.

The case summaries are a welcome addition to the Kluwer Arbitration database, particularly given the paucity of caselaw analysis currently available in this area, and the editors’ efforts for benefit of the wider arbitration community are much appreciated. The most striking trend to remark is that, in the large majority of enforcement cases published by Kluwer, the Chinese courts ordered recognition and enforcement of foreign-related arbitral awards, notwithstanding objections to enforcement raised by parties against whom enforcement was sought. Some older cases have revealed what practitioners view as “local protectionism” of the lower courts, seeking to invoke public policy as grounds for refusing to enforce foreign-related awards [see, for example, Dongfeng Garments v. (1992)] – although this issue has sought to be addressed by the reporting system described by Judge Lu. SFAIC (1996)], the Shanghai IPC refused to register an enforcement case, a phenomenon which, according to some practitioners, is still not uncommon and may lead to the expiration of the time limit for filing an enforcement application, thereby depriving the parties of an efficient remedy against the court’s behaviour since no court is officially in charge of the case [see Wunsch ARB’s commentary to the case of Revpower v. In some cases, lower courts refuse to report cases to higher courts, leaving parties remediless as they are unable to be heard before higher level courts in relation to what is essentially an internal court process [see The Problem is Enforcement by Ava Chisling].

So far as we are aware, that reporting system has been followed and, whilst it has caused some confusion and is perhaps categorised as a “negative trend” by Wunsch ARB, the constructive results are clear from some of the trends analysed below. It seems that ICC awards being enforced in China will be considered as “French” by the Chinese Courts, but the extent to which awards under the auspices of other arbitral institutions outside PRC will be considered seated in the location of those institutions, is not clear. As remarked by Wunsch ARB, in a significant number of cases, the Chinese Courts indicated that they would not entertain as grounds for non-enforcement overly formalistic arguments relating to the signature of the arbitration agreement, or to the service of notices relating to the arbitration [see Unicon v. Before you got me, you did whatever I asked of you. , you could say I’m a bitch or that I have princess syndrome, but whatever it is, you can never say that I am small again. You don’t even have a C on your school certificate.After you got me, we had to go Dutch on everything. Comments from Tudou: 观光土豆: …even lower and classless than their boyfriends…next time their boyfriends say they’re not virgins, are they going to go get fake hymens…and then go on Tudou, take off their pants and show everyone…I’m waiting…Rather than an anomaly, her predicament typifies cases of dating abuses, which make up 21 percent of all abuses in personal realm in Indonesia, according to the National Commission on Violence against Women (Komnas Perempuan).A violent relationship Raras met Firdaus, an electrical engineering student in his final year at ITB, in 2012.




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