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18521536308最高人民法院《关于执行我国加入的承认及执行外国仲裁裁决公约的通知》英文版
2022-06-25
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Notice of the Supreme People's Court Pertaining to the Application of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards to Which the PRC Has Acceded
(April 10, 1987)
High and intermediate people's courts, maritime courts, and railway transportation intermediate courts throughout the PRC:
It is decided at the 18th session of the 6th NPC Standing Committee on December 2, 1986 that the PRC will accede to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards 10 June 1958 (hereinafter referred to as the "Convention" or "New York Convention 1958"), which will enter into force in and become binding on the PRC on April 22, 1987.
Several issues concerning the application of the Convention are hereby notified as follows:
I. According to the declaration of reciprocal reservation made by the PRC upon accession to the Convention, the Convention shall apply to awards made in the territories of other contracting States and sought to be recognized and enforced in the territory of the PRC. Where the Convention has provisions conflicting with the provisions of the Civil Procedure Law (Trial) of the PRC, the provisions of the Convention shall prevail.
Awards made in the territory of a non-contracting State and sought to be recognized and enforced by the courts of the PRC it shall be governed by the provisions of Article 204 of the Civil Procedure Law (Trial).
(Note: Article 204 of the Civil Procedure Law (Trial)
Article 204 A people's courts of the PRC shall review any confirmed decree or award to be enforced as requested by a foreign court in accordance with the applicable international treaty entered into or acceded to by the People's Republic of China or the principle of reciprocity, and make an order to recognize its validity and enforce it in accordance with the procedures stipulated in this Law if it holds that such decree or award does not violate the basic principles of the laws or the national or social interests of the People's Republic of China. Otherwise, such decree or award shall be returned to the foreign court.)
II. According to the declaration of commercial reservation made by the PRC upon accession to the Convention, the PRC shall only apply the Convention to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the PRC. The term "legal relationships, whether contractual or not, which are considered as commercial" refers to economic rights and obligations arising whether in contract, tort or otherwise according to the applicable laws and regulations, including but not limited to sale of goods, property leasing, engineering contracting, processing contracting, technology transfer, joint venture, cooperative operation, exploration and development of natural resources, insurance, credit, labor services, agency, consulting services, passenger and freight transportation by sea, civil aviation, railway and highway, and disputes arising from product liability, environmental pollution, or maritime accidents or over ownership, excluding disputes between foreign investors and host governments.
3. According to the provisions of Article 4 of the New York Convention 1958, a court of the PRC shall not recognize or enforce an award made in the territory of another contracting State unless applied for by a party to the award. An application for recognition and enforcement shall be accepted by the intermediate people's court of the PRC:
1. in the jurisdiction of the domicile or residence of the party against whom the award is invoked in the case of an individual;
2. in the jurisdiction of the principal office of the party against whom the award is invoked in the case of a legal entity; or
3. in the jurisdiction in which the property of the party against whom the award is invoked is located if he has no domicile, residence or principal office but has property in the territory of the PRC.
IV. Upon receipt of a party's application for recognition and enforcement of an award, the people's court of competent jurisdiction in the PRC shall review the application, and make an order to recognize its validity and enforce it in accordance with the procedures stipulated in the Civil Procedure Law (Trial) if it holds that such award does not fall under the circumstances specified in Article 5.1 or 5.2 of the New York Convention 1958, or make an order to reject the application and refuse to recognize and enforce the award if it holds that such award falls under the circumstances specified in Article 5.2 or if it is proven based on the evidence provided by the party against whom the award is invoked that one of the circumstances listed in Article 5.1 is present.
V. An award sought to be recognized and enforced by a court of the PRC shall be an award made in the territory of another contracting State after the entry into force of the New York Convention 1958 for the PRC. Such an application shall be filed within the time period for filing an application for enforcement stipulated in Article 169 of the Civil Procedure Law (Trial).
This Notice is hereby published for compliance.
Attachment 1: Clauses of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards referred to in this Notice: Article IV
1. To obtain the recognition and enforcement mentioned in the preceding article, the party applying for recognition and enforcement shall, at the time of the application, supply:
(a) The duly authenticated original award or a duly certified copy thereof;
(b) The original agreement referred to in article II or a duly certified copy thereof.
2. If the said award or agreement is not made in an official language of the country in which the award is relied upon, the party applying for recognition and enforcement of the award shall produce a translation of these documents into such language. The translation shall be certified by an official or sworn translator or by a diplomatic or consular agent.
Article V
1. Recognition and enforcement of the award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the competent authority where the recognition and enforcement is sought, proof that:
(a) The parties to the agreement referred to in article II were, under the law applicable to them, under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or
(b) The party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case; or
(c) The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced; or
(d) The composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or
(e) The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made.
2. Recognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforcement is sought finds that:
(a) The subject matter of the difference is not capable of settlement by arbitration under the law of that country; or
(b) The recognition or enforcement of the award would be contrary to the public policy of that country.
Attachment 2: Clauses of the Civil Procedure Law of the People's Republic of the PRC (Trial Version) referred to in this Notice:
Article 169 The time period for filing an application for enforcement shall be one year if either party is an individual or both parties are individuals, or six months if both parties are enterprises, institutions, entities, or organizations.
(Note: The above time periods have been modified as follows:
The Civil Procedure Law of the People's Republic of China states,
“Article 246 The statute of limitations for filing a petition for enforcement shall be 2 years. The suspension or interruption of the statute of limitations for filing a petition for enforcement shall be governed by the applicable provisions of the law in respect of the suspension or interruption of the statute of limitations for filing a lawsuit.
e statute of limitations specified in the preceding paragraph shall be counted from the last day of the performance period specified in the legal document, or from the date of expiration of the last installment if the legal document provides for performance by installments, or from the effective date of the legal document if the legal document does not specify a performance period.”
Article 204 The people's court that receives a request for the recognition and enforcement of a confirmed decree or award from a foreign court shall review the decree or award in accordance with the applicable international treaty entered into or acceded to by the People's Republic of China or the principle of reciprocity, and shall make an order to recognize its validity and enforce it in accordance with the applicable procedures stipulated by this Law if it holds that such decree or award does not violate the basic principles of the laws or the national or social interests of the People's Republic of China. Otherwise, such decree or award shall be returned to the foreign court.
Attachment 3: Countries that have acceded to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards: Denmark (1, 2); France (1, 2); Greece (1, 2); Holy See (1, 2); United States (1, 2); Austria (1); Belgium (1); Federal Republic of Germany (1); Ireland (1); Japan (1); Luxembourg (1); Netherlands (1); Switzerland (1); United Kingdom (1); Norway (1); Australia, Finland, and New Zealand (1); San Marino, Spain, Italy, Canada, Sweden, and Democratic Germany (1, 2); Hungary (1, 2); Poland (1, 2); Romania (1, 2); Yugoslavia (1, 2, 3) Bulgaria (1); Czechoslovakia (1); Soviet Union (1); Belarus (1);
Ukraine (1); Botswana (1, 2); Central African Republic (1, 2); the PRC (1, 2); Cuba (1, 2); Cyprus (1, 2); Ecuador (1, 2); India (1, 2); Indonesia (1, 2); Madagascar (1, 2); Nigeria (1, 2); Philippines (1, 2); Trinidad and Tobago (1, 2); Tunisia (1, 2); Guatemala (1, 2); South Korea (1, 2); Monaco (1, 2); Kuwait (1); Morocco (1); Tanzania (1); Benin; Chile; Colombia; Democratic Cambodia; Egypt; Ghana; Israel; Jordan; Mexico; Niger; South Africa; Sri Lanka; Syria; Thailand; Uruguay; Djibouti; Haiti; Panama; Malaysia; Singapore
Notes: 1. The country declared that this Convention only applies to arbitral awards made in the territory of another Contracting State, that is, it made a reciprocal reservation.
2. The country declared that this Convention only applies to disputes arising from legal relationships (contractual or non-contractual) that are recognized as commercial according to its own laws, that is, commercial reservations.
3. This country declares that it only recognizes and enforces arbitral awards made in foreign countries after its accession to this Convention.
It is decided at the 18th session of the 6th NPC Standing Committee on December 2, 1986 that the PRC will accede to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards 10 June 1958 (hereinafter referred to as the "Convention" or "New York Convention 1958"), which will enter into force in and become binding on the PRC on April 22, 1987.
Several issues concerning the application of the Convention are hereby notified as follows:
I. According to the declaration of reciprocal reservation made by the PRC upon accession to the Convention, the Convention shall apply to awards made in the territories of other contracting States and sought to be recognized and enforced in the territory of the PRC. Where the Convention has provisions conflicting with the provisions of the Civil Procedure Law (Trial) of the PRC, the provisions of the Convention shall prevail.
Awards made in the territory of a non-contracting State and sought to be recognized and enforced by the courts of the PRC it shall be governed by the provisions of Article 204 of the Civil Procedure Law (Trial).
(Note: Article 204 of the Civil Procedure Law (Trial)
Article 204 A people's courts of the PRC shall review any confirmed decree or award to be enforced as requested by a foreign court in accordance with the applicable international treaty entered into or acceded to by the People's Republic of China or the principle of reciprocity, and make an order to recognize its validity and enforce it in accordance with the procedures stipulated in this Law if it holds that such decree or award does not violate the basic principles of the laws or the national or social interests of the People's Republic of China. Otherwise, such decree or award shall be returned to the foreign court.)
II. According to the declaration of commercial reservation made by the PRC upon accession to the Convention, the PRC shall only apply the Convention to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the PRC. The term "legal relationships, whether contractual or not, which are considered as commercial" refers to economic rights and obligations arising whether in contract, tort or otherwise according to the applicable laws and regulations, including but not limited to sale of goods, property leasing, engineering contracting, processing contracting, technology transfer, joint venture, cooperative operation, exploration and development of natural resources, insurance, credit, labor services, agency, consulting services, passenger and freight transportation by sea, civil aviation, railway and highway, and disputes arising from product liability, environmental pollution, or maritime accidents or over ownership, excluding disputes between foreign investors and host governments.
3. According to the provisions of Article 4 of the New York Convention 1958, a court of the PRC shall not recognize or enforce an award made in the territory of another contracting State unless applied for by a party to the award. An application for recognition and enforcement shall be accepted by the intermediate people's court of the PRC:
1. in the jurisdiction of the domicile or residence of the party against whom the award is invoked in the case of an individual;
2. in the jurisdiction of the principal office of the party against whom the award is invoked in the case of a legal entity; or
3. in the jurisdiction in which the property of the party against whom the award is invoked is located if he has no domicile, residence or principal office but has property in the territory of the PRC.
IV. Upon receipt of a party's application for recognition and enforcement of an award, the people's court of competent jurisdiction in the PRC shall review the application, and make an order to recognize its validity and enforce it in accordance with the procedures stipulated in the Civil Procedure Law (Trial) if it holds that such award does not fall under the circumstances specified in Article 5.1 or 5.2 of the New York Convention 1958, or make an order to reject the application and refuse to recognize and enforce the award if it holds that such award falls under the circumstances specified in Article 5.2 or if it is proven based on the evidence provided by the party against whom the award is invoked that one of the circumstances listed in Article 5.1 is present.
V. An award sought to be recognized and enforced by a court of the PRC shall be an award made in the territory of another contracting State after the entry into force of the New York Convention 1958 for the PRC. Such an application shall be filed within the time period for filing an application for enforcement stipulated in Article 169 of the Civil Procedure Law (Trial).
This Notice is hereby published for compliance.
Attachment 1: Clauses of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards referred to in this Notice: Article IV
1. To obtain the recognition and enforcement mentioned in the preceding article, the party applying for recognition and enforcement shall, at the time of the application, supply:
(a) The duly authenticated original award or a duly certified copy thereof;
(b) The original agreement referred to in article II or a duly certified copy thereof.
2. If the said award or agreement is not made in an official language of the country in which the award is relied upon, the party applying for recognition and enforcement of the award shall produce a translation of these documents into such language. The translation shall be certified by an official or sworn translator or by a diplomatic or consular agent.
Article V
1. Recognition and enforcement of the award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the competent authority where the recognition and enforcement is sought, proof that:
(a) The parties to the agreement referred to in article II were, under the law applicable to them, under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or
(b) The party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case; or
(c) The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced; or
(d) The composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or
(e) The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made.
2. Recognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforcement is sought finds that:
(a) The subject matter of the difference is not capable of settlement by arbitration under the law of that country; or
(b) The recognition or enforcement of the award would be contrary to the public policy of that country.
Attachment 2: Clauses of the Civil Procedure Law of the People's Republic of the PRC (Trial Version) referred to in this Notice:
Article 169 The time period for filing an application for enforcement shall be one year if either party is an individual or both parties are individuals, or six months if both parties are enterprises, institutions, entities, or organizations.
(Note: The above time periods have been modified as follows:
The Civil Procedure Law of the People's Republic of China states,
“Article 246 The statute of limitations for filing a petition for enforcement shall be 2 years. The suspension or interruption of the statute of limitations for filing a petition for enforcement shall be governed by the applicable provisions of the law in respect of the suspension or interruption of the statute of limitations for filing a lawsuit.
e statute of limitations specified in the preceding paragraph shall be counted from the last day of the performance period specified in the legal document, or from the date of expiration of the last installment if the legal document provides for performance by installments, or from the effective date of the legal document if the legal document does not specify a performance period.”
Article 204 The people's court that receives a request for the recognition and enforcement of a confirmed decree or award from a foreign court shall review the decree or award in accordance with the applicable international treaty entered into or acceded to by the People's Republic of China or the principle of reciprocity, and shall make an order to recognize its validity and enforce it in accordance with the applicable procedures stipulated by this Law if it holds that such decree or award does not violate the basic principles of the laws or the national or social interests of the People's Republic of China. Otherwise, such decree or award shall be returned to the foreign court.
Attachment 3: Countries that have acceded to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards: Denmark (1, 2); France (1, 2); Greece (1, 2); Holy See (1, 2); United States (1, 2); Austria (1); Belgium (1); Federal Republic of Germany (1); Ireland (1); Japan (1); Luxembourg (1); Netherlands (1); Switzerland (1); United Kingdom (1); Norway (1); Australia, Finland, and New Zealand (1); San Marino, Spain, Italy, Canada, Sweden, and Democratic Germany (1, 2); Hungary (1, 2); Poland (1, 2); Romania (1, 2); Yugoslavia (1, 2, 3) Bulgaria (1); Czechoslovakia (1); Soviet Union (1); Belarus (1);
Ukraine (1); Botswana (1, 2); Central African Republic (1, 2); the PRC (1, 2); Cuba (1, 2); Cyprus (1, 2); Ecuador (1, 2); India (1, 2); Indonesia (1, 2); Madagascar (1, 2); Nigeria (1, 2); Philippines (1, 2); Trinidad and Tobago (1, 2); Tunisia (1, 2); Guatemala (1, 2); South Korea (1, 2); Monaco (1, 2); Kuwait (1); Morocco (1); Tanzania (1); Benin; Chile; Colombia; Democratic Cambodia; Egypt; Ghana; Israel; Jordan; Mexico; Niger; South Africa; Sri Lanka; Syria; Thailand; Uruguay; Djibouti; Haiti; Panama; Malaysia; Singapore
Notes: 1. The country declared that this Convention only applies to arbitral awards made in the territory of another Contracting State, that is, it made a reciprocal reservation.
2. The country declared that this Convention only applies to disputes arising from legal relationships (contractual or non-contractual) that are recognized as commercial according to its own laws, that is, commercial reservations.
3. This country declares that it only recognizes and enforces arbitral awards made in foreign countries after its accession to this Convention.
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