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)
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.
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.
Robert Zhang 
Steve Li 