(1) Incorporation of foreign invested company > (2) Labor Matters > (3) Matters relating to Foreign Exchange > (4) Intellectual Property Right > (5) Reorganization into Wholly Foreign-owned Enterprise and Corporate Restructuring > (6) Dissolution and Liquidation > (7) Litigation and International Arbitration > (8) Recognition of International Arbitration Award
Recognition of International Arbitration Award
We acted for the first Chinese case in which an arbitration award rendered in Japan was recognized in China (Please refer to JCA Journal vol. 49, issue 12, December 2002).
As you know, with respect to the court judgment, Chinese precedent case exists in which a request for enforcement of a judgment by the Japanese court in China was rejected. According to said case, it is considered that a judgment by the Chinese court cannot be recognized in Japan, where reciprocal guarantee is required for the recognition of foreign judgment (Articles 22.3 and 24 of the Law of Civil Execution of Japan, Article 118 of the Civil Litigation Law). In other words, reciprocal enforcement system for the court judgment has not been established yet between Japan and China.
On the other hand, since both Japan and China are members of “New York Convention for the Recognition and Enforcement of Foreign Arbitration Awards (New York Treaty)”, there is a system to obtain recognition of and to enforce the arbitration award rendered in Japan or China by the court of the other country. In fact, there are some cases in which the award by CIETAC, an arbitration association for international dispute in China, was recognized by the Japanese courts. However, there was no precedent case in which the Chinese court recognized the arbitration award by the Japanese court until the initial case represented by us.
In the case, Shanghai First Intermediate People’s Court recognized and enforced the arbitration award by the Japan Commercial Arbitration Association. Consequently, it was indicated as a case that it is possible to reciprocally enforce arbitration awards between China and Japan.
We are able to provide extensive service in relation to application for recognition and execution of the international arbitration award in China, concerning filing method, filing period, translation of legal documents, tax operation and overseas remittance.
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