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Foreign Arbitral Award Recognized and Enforced in China

OOO Transport Company Skif –Cargo vs. Suzhou Tianma Specialty Chemicals Co., Ltd.

OOO Transport Company Skif -Cargo, a Russian company, was rewarded a favorable arbitral award by the International Commerce Arbitration Court of the Russian Federation Chamber of Commerce and Industry on the dispute case of international goods sale contract with Suzhou Tianma Specialty Chemicals Co., Ltd.(“Tianma”),a Chinese company domiciled in Suzhou city, Jiangsu Province, China. Skif-Cargo needed to get the arbitral award recognized and enforced by Chinese court against Tianma with the help of Chinese lawyer.

Being an outstanding Chinese lawyer in practice of international trade law and admiralty and maritime law, Attorney Benjamin Luo was retained by Skif-Cargo and represented client to file into Suzhou Intermediate People’s Court of Jiangsu Province for the recognition and enforcement of the arbitral award in accordance with Chinese civil procedural law and the New York Convention on the recognition and enforcement of foreign arbitral awards.

The controversial focus between the applicant Skif-Cargo and the defendant Tianma is that whether Tianma was given duly notices to the arbitration proceedings or not. If not it would cause the refusal to recognize and enforce the arbitral award by Chinese court in accordance relevant provisions of the New York Convention, and it would lead the application to failure. The other big problem facing by the applicant in this case was how to meet the requirements on evidence legalization in accordance with the Chinese civil procedure law, which was related to the running and cooperation of Chinese consulate in the applicant’s country.

Attorney Benjamin guided the client through preparing all evidence necessary to the application and fulfilled must-done notarization and authentication formalities in client’s country. The arbitral award was finally and fully recognized and enforced by the Chinese court with Attorney Benjamin’s excellent representation.


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