On April 15, 2018, CIETAC held the conference of “A Tale of Three Seats” in Sydney, Australia, inviting arbitration practitioners to share their experience of running arbitrations in Beijing, Hong Kong and Australia. Mr. Sun Wei, partner at Zhong Lun Law Firm and a CIETAC arbitrator, attended the conference as a guest speaker and delivered a speech during the panel discussion of “War Stories in the Battlefield.”
In the speech titled as “Recognition and Enforcement of Foreign Arbitral Awards in China: Challenges, Pitfalls and How to Avoid them from a Perspective of Foreign Arbitration Practitioners,” Mr. Sun first gave an overview of the recognition and enforcement of foreign arbitral awards in China during the past five years. Then, through analyzing decisions issued by PRC courts, he highlighted the following six issues which may result in denial of recognition and enforcement of foreign arbitral awards in China: (1) non-existence of arbitration agreement, (2) procedural non-compliance, (3) violation of public policy, (4) exceeding the tribunal’s authority, (5) ambiguity of the contents of the award, and (6) no proper service of notices and documents. Further, Mr. Sun put forward practical suggestions for foreign arbitration practitioners on how to avoid the above problems from their perspective. Mr. Sun’s speech, drawing from PRC judicial practice and presenting substantive and thorough case analysis, was well received by the audience.