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Wunsch ARB comment on some of the trends – both positive and negative – which are discernible from the cases on enforcement, notwithstanding that there is no system of binding precedent in PRC. Again, in some of the older cases reported, the Courts have confused the criteria for enforcement of domestic and foreign-related arbitral awards [see, for example, Wahhing Development v. Local protectionism by the Courts may also be evident in relation to execution against assets, which in any event is a challenge in PRC – but which merits its own discussion.
In this blog, we explore further some of the trends apparent from our own analysis of the cases on enforcement. By contrast, where the Courts determined that there was no valid arbitration agreement – whether due to lack of capacity or otherwise – this was a ground warranting non-enforcement under Article V(1)(a) of the New York Convention [see Concordia v. Xiaolong Lu, The Recognitions and Enforcement of Foreign Arbitral Awards in China in Albert Jan van den Berg (ed), New Horizons in International Commercial Arbitration and Beyond, i CCA Congress Series, 2004 Beijing Volume 12 (Kluwer Law International 2005) pp.
So far as we are aware, that reporting system has been followed and, whilst it has caused some confusion and is perhaps categorised as a “negative trend” by Wunsch ARB, the constructive results are clear from some of the trends analysed below. It seems that ICC awards being enforced in China will be considered as “French” by the Chinese Courts, but the extent to which awards under the auspices of other arbitral institutions outside PRC will be considered seated in the location of those institutions, is not clear. As remarked by Wunsch ARB, in a significant number of cases, the Chinese Courts indicated that they would not entertain as grounds for non-enforcement overly formalistic arguments relating to the signature of the arbitration agreement, or to the service of notices relating to the arbitration [see Unicon v.
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“The bridge is also a favourite dating spot,” recalled village chief Low Siew Chin of the good old days in the village in Jelebu. In their 60s, Low and his wife Lee Yoon Koon are rubber tappers and they live with his 90-year-old mother Siaw Fook Tai in the village.
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She recounted what happened to the security guard, who filled out a report to the university’s Work and Community’s Security, Health and Safety Unit.