Is China Ready to Recognize and Enforce Investment Arbitral Awards?

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : China and WTO Review / 3권 / 2호
ㆍ저자명 : Hongling Ning, Tong Qi

목차

1. Introduction
2. Legal Grounds of China’s International Obligations to Recognition and Enforcement of Investor-State Arbitral Awards
A. ICSID Convention
B. New York Convention
C. IIAs
3. Current Legal Framework regarding the Recognition and Enforcement of Investor-State Arbitral Awards
A. The Status of Investor-State Arbitration in National Legal System
B. Specific Issues
4. What Remains to Be Done?
A. ICSID Implementing Legislation
B. Non-ICSID Awards Enforcement Mechanism
C. State Immunity Act
5. Conclusion and Prospect
References

영어 초록

This article explores whether China is ready to comply with its international obligations to recognize and enforce investment arbitral awards, and if not, what remains to be done. First, for ICSID awards, China has neither enacted any implementing legislation, nor designated courts or authorities are competent at recognizing and enforcing ICSID awards. Second, it is more ambiguous and complicated to seek recognition and enforcement of non-ICSID awards, due to China’s commercial reservation to New York Convention. It is uncertain whether the current provisions in national law on the recognition and enforcement of foreign commercial arbitral awards would also apply to the recognition and enforcement of non-ICSID awards. Moreover, statutes on State immunity, the common issue while enforcing both ICSID and non-ICSID awards, are quite insufficient. Finally, beyond satisfying its international obligations, investment arbitral awards issued by Chinese arbitration institutions also face obstacles of recognition and enforcement.

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