China Supreme Court updated its rule on Judicial Review on arbitration case
China Supreme Court updated its rule on Judicial Review on arbitration case
The rule was approved on Nov 20, 2017 firstly and revised on Nov 15, 2021. The updated rule will come into effectiveness on Jan 1, 2022.
1. The types of cases for judicial review on arbitration includes the following,
(1) Cases to affirm the effectiveness of arbitration agreement;
(2) Cases for revoking the arbitration awards published by China mainland arbitration institutes;
(3) Applying for enforcement of arbitration awards published by China mainland arbitration institutes;
(4) Applying for recognition and enforcement of arbitration awards published by China Hong Kong, Macao and Taiwan arbitration institutes;
(5) Applying for recognition and enforcement of arbitration awards published by foreign arbitration institutes;
(6) others
2. If the intermediate court intends to decide that the arbitration agreement is void or to refuse the enforcement & revoke the arbitration awards made by arbitration institutes in mainland China, or to refuse to recognize & enforce the arbitration awards made by Hong Kong, Macao, Taiwan arbitration institutes, or to refuse to recognize & enforce the foreign arbitration awards, the verdict shall be reviewed and affirmed by High Court and finally decided by Supreme Court.
3. For the domestic arbitration award, if the court intends to refuse to enforce it due to public interests, the Supreme Court has the final power to decide; while for other reasons the High court has the final call.
4. From the new version of the rule it is clear that the judicial system is more respecting the validity of arbitration awards than before. The chance to revoke or deny the arbitration awards becomes to be narrower. Furthermore the Supreme Court will be the final decision maker for international arbitration awards which means China is trying to keep the same rule and standard for evaluating the arbitration cases with the world.
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