China’s Supreme People’s Court elaborated on how Chinese courts apply the New York Convention when handling cases involving the recognition and enforcement of foreign arbitral awards, in a conference summary issued in December 2021.
China International Economic and Trade Arbitration Commission (CIETAC), the Singapore International Arbitration Center (SIAC) and the International Arbitration Court of the International Chamber of Commerce (ICC) have administered a large number of international arbitration cases involving Chinese enterprises.
If you believe that the Chinese company does not comply with the NNN agreement, you may resolve the dispute via arbitration outside of China and enforce the arbitral award in China.
You need to determine where you are going to sue, and what law is applicable to your case. If you are planning to file a lawsuit in China, then we have prepared 8 tips for you in this article to help you evaluate your potential legal action.
In China, courts charge much less than arbitration institutions. But if there is an appeal, the cost of litigation is not much cheaper than the cost of arbitration.
If you have a dispute with a Chinese company, would you choose litigation or arbitration in China? Perhaps you should first understand the advantages and disadvantages of litigation and arbitration in China.
As we said before, you can turn to Chinese courts for disputes with Chinese suppliers. In fact, if you need to settle disputes in China, China’s arbitration is also a good option, even better than litigation.
For the recognition or enforcement of foreign arbitral awards in China, the average length of proceedings is 596 days, the court costs are no more than 1.35% of the amount in controversy or 500 CNY, and the attorney’s fees are, on average, 7.6% of the amount in controversy.
The most important difference between litigation and arbitration in China is that judges and arbitrators have different ways of thinking.
