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Enforcement


The parties in an arbitration case should automatically perform the arbitral award within the time specified therein. Where a party fails to perform the arbitral award, the other party may, in accordance with the law, apply to a court of competent jurisdiction for enforcement.

 

Enforcement in a PRC court

If the place of residence or assets of the party against whom the enforcement is sought is in the Mainland China, regardless whether the arbitral award is foreign-related or domestic, application for enforcement may be made to the Intermediate People’s Court of the relevant place of residence or assets.

 

Enforcement in Hong Kong, Macao and Taiwan

If the place of residence or assets of the party against whom the enforcement is sought is in the regions of Hong Kong SAR, Macao SAR or Taiwan region, application for enforcement should be made under the provisions of “Arrangement of the Supreme People's Court on Reciprocal Recognition and Enforcement of Arbitration Awards between the Mainland and the Hong Kong Special Administrative Region”, “Arrangement of the Supreme People's Court on Reciprocal Recognition and Enforcement of Arbitration Awards between the Mainland and the Macao Special Administrative Region” and“Act Governing Relations between People of the Taiwan Area and Mainland Area” as relevant.

 

Enforcement in the courts of the 1958 New York Convention member countries

 

If the place of residence or assets of the party against whom the enforcement is sought is not located in China, and the country of such location has acceded to the 1958 United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards (the 1958 New York Convention), the applicant may apply to a court of competent jurisdiction in such country for enforcement under the 1958 New York Convention.



 






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