Key principles regarding the Judicial Examination of Arbitration issued by Supreme Court of PRC
July 16th, 2012
1. The recognition and enforcement of foreign arbitration awards in China
The Supreme Court opined that a party is entitled to apply to the people’s court only for recognition of foreign arbitration awards, but not for enforcement of foreign arbitration awards.
2. Property preservation order in arbitration
In the opinion of the Supreme Court, under applicable laws of PRC, where a party applies for property preservation in arbitration, the application shall be submitted by arbitration institution to the court and there is no legal basis for people’s court to accept the application before the commencement of arbitration proceedings. However, according to the Special Maritime Procedure Law of PRC, a party is entitled to apply for property preservation order to the maritime court where the property is located before the applying for arbitration.