Fa Shi [2000] No. 3
Announcement of the Supreme People's Court of the People's Republic of China
The Arrangement of the Supreme People's Court on Reciprocal Enforcement of Arbitration Awards between the Mainland and the Hong Kong Special Administrative Region was adopted at the 1069th meeting of the Judicial Committee of the Supreme People's Court on June 18, 1999. Upon negotiations, the Supreme People's Court and the representatives of the Hong Kong Special Administrative Region reached unanimity. The Arrangement is hereby promulgated by the Supreme People's Court in the form of judicial interpretation in mainland and shall come into force as of February 1, 2000.
January 24, 2000
Appendix: Arrangement of the Supreme People's Court on Reciprocal Enforcement of Arbitration Awards between the Mainland and the Hong Kong Special Administrative Region
In accordance with the provisions of Article 95 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, upon negotiations of the Supreme People's Court and the government of the Hong Kong Special Administrative Region (hereinafter referred to as HK SAR), courts in the HK SAR agree to implement arbitration awards made by arbitration institutions in the mainland (the name list is provided by the Legal Affairs Office of the State Council through the Hong Kong and Macao Affairs Office of the State Council) in accordance with the Arbitration Law of the People's Republic of China, and the People's Courts in the mainland agree to implement the arbitration awards made by the HK SAR in accordance with the Arbitration Provisions of HK SAR.
The arrangements on reciprocal implementation of arbitration awards between the mainland and the HK SAR are hereby made as follows:
Article 1 For an arbitration award made in the mainland or the HK SAR, if one party concerned refuses to comply with it, the other party can apply to the competent court at the place of domicile, or the locality of the property of the party against whom the application for enforcement is filed.
Article 2 The above mentioned competent courts refer to the intermediate people's courts in the mainland at the place of domicile, or the locality of the property of the party against whom the application is filed, and the High Court of HK SAR in HK SAR.
If the place of domicile or the locality of the property of the party against whom an application is filed is within the area under jurisdiction of different intermediate People's Courts in the mainland, the applicant can choose one People's Court to apply for enforcement, but shall not file application respectively at two or more than two People's Courts.
If the place of domicile or the locality of the property of the party against whom an application is filed is both in the mainland and the HK SAR, the applicant shall not file applications at the competent courts of the two places at the same time. Where enforcement of the court at one place is inadequate to pay up the debts, application for enforcement can only be filed at the court at another place. The total amount of the arbitration award enforced by the courts at the both places in succession may not exceed the amount prescribed in the award.
Article 3 To apply for enforcement of an arbitration award made in mainland or HK SAR from the competent court, an applicant shall submit the following documents:
1. Application for Enforcement Form;
2. Arbitral Award; and
3. Arbitration Agreement.
Article 4 The application for enforcement form shall include the following contents:
1. If the applicant is a natural person, his name and domicile shall be stated; if the applicant is a legal person or other organization, its name and domicile as well as the name of its legal representative;
2. If the party against whom the application is filed is a natural person, his name and domicile shall be stated; if the party against whom the application is filed is a legal person or other organization, its name and domicile as well as the name of its legal representative;
3. If the applicant is a legal person or other organization, the duplicate of the registration certificate of the enterprise shall be submitted; if the applicant is a foreign legal person or other organization, relevant notary and certified materials shall be submitted; and
4. The reasons for application of enforcement and the contents of the requirements and the property locality and the property status of the party against whom the application is filed.
The application for enforcement shall be filed in Chinese version. If the arbitral award or the arbitration agreement has no Chinese version, the applicant shall submit formal Chinese translated version which has been proved.
Article 5 The time limit for an applicant's application to apply to the competent court for admitting and enforcing an arbitration award made in the mainland or the HK SAR shall be determined in accordance with the legal provisions of the place where the award is to be enforced.
Article 6 The competent courts, after receiving the application from the applicant, shall handle and implement in accordance with the legal procedures of the enforcement place.
Article 7 As for an arbitration award applied to be enforced in mainland or HK SAR, if the party against whom the application is filed, after receiving the notice, has evidence to prove any of the following circumstances, upon check and verification, the court may rule a disapproval of the application:
1. One party concerned to the arbitration agreement was legally incapable in accordance with the applicable law; or, the arbitration agreement is invalid in accordance with the applicable law agreed on; if no applicable law has been agreed on, the law judged by arbitration is invalid;
2. The party against whom the application is filed is not adequately notified to assign the arbitrators or, fails to state his/its opinion for other reasons;
3. The dispute dealt with in the arbitration award is not the dispute submitted for arbitration or is not within the scope of the clause of arbitration agreement; or the arbitration award contains decisions on issues beyond the scope of arbitration, and the decisions on issues submitted for arbitration is separable from the issues not submitted for arbitration, the decision on the issue submitted for arbitration in the judgement shall be implemented;
4. The formation of the arbitral tribunal or the arbitral procedure is against the agreement between the parties concerned, or is against the law of the place of arbitration in the case of the absence of such agreement; or
5. The arbitration award has not become binding to the parties concerned yet, or the court at the place of arbitration has revoked it or refused to enforce it, according to the law of the arbitration locality.
If a competent court has verified that the disputable issue can not be settled by way of arbitration according to the law of the place of enforcement, the arbitration award shall not be enforced.
If a competent court in the mainland verifies that enforcing the arbitration award in the mainland is against the social public interests of the mainland, or a competent court in the HK SAR verifies that enforcing the arbitration award in the HK SAR is against the public policy of the HK SAR, the arbitration award shall not be enforced.
Article 8 An applicant applying for enforcement of an arbitral award made in the mainland or HK SAR at competent court, shall pay the cost of implementation in accordance with the relevant charging measures for the litigations at the place of the court implementing the award.
Article 9 Application for implementation of arbitral award made in the mainland or HK SAR after July 1, 1997 shall be implemented in accordance with the Arrangement.
Article 10 For the award application issues from July 1, 1997 to the effective date of the Arrangement, the both parties agreed to:
Where an application for enforcement failed to be filed to the courts in the mainland or HK SAR from July 1, 1997 to the effective date of the Arrangement for some reason and the applicant is legal person or other organization, the application can be filed within 6 months after the Arrangement enters into force; if the applicant is a natural person, the application can be filed within one year after the Arrangement enters into force.
For the cases which the courts of the mainland and HK SAR refuse to accept or enforce the arbitral award from July 1, 1997 to the effective date of the Arrangement, the applicants shall be allowed to re-apply.
Article 11 In the event of any problems and modifications during the implementation process of the Arrangement, the Supreme People's Court and the Government of the HK SAR shall resolve through consultations.
Name list of arbitration commissions in the mainland
The list of the arbitration commissions established in accordance with the Arbitration Law of the People's Republic of China as of May 31, 1999 is as follows:
I. The arbitration commissions established by the China Chamber of International Commerce
China International Economic and Trade Arbitration Commission, and China Maritime Arbitration Commission
II. Arbitration commissions established by the provinces, autonomous regions and municipalities directly under the Central Government
Beijing: Beijing Arbitration Commission
Tianjin: Tianjin Arbitration Commission
Hebei Province: Shijiazhuang Arbitration Commission, Handan Arbitration Commission, Xingtai Arbitration Commission, Cangzhou Arbitration Commission, Chengde Arbitration Commission, Zhangjiakou Arbitration Commission, and Hengshui Arbitration Commission
Shanxi Province: Datong Arbitration Commission and Yangquan Arbitration Commission
Inner Mongolia Autonomous Region: Hohhot Arbitration Commission, Wuhai Arbitration Commission, Baotou Arbitration Commission, and Chifeng Arbitration Commission
Liaoning Province: Anshan Arbitration Commission, Fushun Arbitration Commission, Benxi Arbitration Commission, Jinzhou Arbitration Commission, Liaoyang Arbitration Commission, Chaoyang Arbitration Commission, Dalian Arbitration Commission, Huludao Arbitration Commission, Shenyang Arbitration Commission, Yingkou Arbitration Commission, Dandong Arbitration Commission, Fuxin Arbitration Commission, Tieling Arbitration Commission, and Panjin Arbitration Commission
Jilin Province: Changchun Arbitration Commission, Baishan Arbitration Commission, and Tonghua Arbitration Commission
Heilongjiang Province: Mudanjiang Arbitration Commission, Harbin Arbitration Commission, Qitaihe Arbitration Commission, Jixi Arbitration Commission, Jiamusi Arbitration Commission, Heihe Arbitration Commission, Hegang Arbitration Commission, and Daqing Arbitration Commission
Shanghai: Shanghai Arbitration Commission
Jiangsu Province: Changzhou Arbitration Commission, Nanjing Arbitration Commission, Nantong Arbitration Commission, Xuzhou Arbitration Commission, Lianyungang Arbitration Commission, Huaiyin Arbitration Commission, Yancheng Arbitration Commission, Yangzhou Arbitration Commission, Suzhou Arbitration Commission, Wuxi Arbitration Commission, and Zhenjiang Arbitration Commission
Zhejiang Province: Hangzhou Arbitration Commission, Jinhua Arbitration Commission, Shaoxing Arbitration Commission, Wenzhou Arbitration Commission, Ningbo Arbitration Commission, Zhoushan Arbitration Commission, Jiaxing Arbitration Commission, Huzhou Arbitration Commission, and Taizhou Arbitration Commission
Anhui Province: Ma'anshan Arbitration Commission, Chuzhou Arbitration Commission, Huangshan Arbitration Commission, Anqing Arbitration Commission, Tongling Arbitration Commission, Wuhu Arbitration Commission, Hefei Arbitration Commission, Huainan Arbitration Commission, Bengbu Arbitration Commission, Huaibei Arbitration Commission, and Fuyang Arbitration Commission
Fujian Province: Fuzhou Arbitration Commission, and Xiamen Arbitration Commission
Jiangxi Province: Nanchang Arbitration Commission, Xinyu Arbitration Commission, and Pingxiang Arbitration Commission
Shandong Province: Zibo Arbitration Commission, Weifang Arbitration Commission, Qingdao Arbitration Commission, Weihai Arbitration Commission, Jinan Arbitration Commission, Yantai Arbitration Commission, Dongying Arbitration Commission, Tai'an Arbitration Commission, Zaozhuang Arbitration Commission, Linyi Arbitration Commission, Rizhao Arbitration Commission, Dezhou Arbitration Commission, Laiwu Arbitration Commission, and Jining Arbitration Commission
Henan Province: Luoyang Arbitration Commission, and Pingdingshan Arbitration Commission
Hubei Province: Wuhan Arbitration Commission, Jingzhou Arbitration Commission, Yichang Arbitration Commission, and Xiangfan Arbitration Commission
Hunan Province: Changsha Arbitration Commission, Zhuzhou Arbitration Commission, Chenzhou Arbitration Commission, Changde Arbitration Commission, Yiyang Arbitration Commission, Xiangtan Arbitration Commission, Hengyang Arbitration Commission, Shaoyang Arbitration Commission, and Yueyang Arbitration Commission
Guangdong Province: Guangzhou Arbitration Commission, Shenzhen Arbitration Commission, Foshan Arbitration Commission, Jiangmen Arbitration Commission, Shantou Arbitration Commission, Zhaoqing Arbitration Commission, Shaoguan Arbitration Commission, and Huizhou Arbitration Commission
Guangxi Zhuang Autonomous Region: Liuzhou Arbitration Commission, Nanning Arbitration Commission, Guilin Arbitration Commission, Qinzhou Arbitration Commission, and Wuzhou Arbitration Commission
Hainan Province: Haikou Arbitration Commission
Chongqing: Chongqing Arbitration Commission
Sichuan Province: Wanxian Arbitration Commission, Guangyuan Arbitration Commission, Suining Arbitration Commission, Deyang Arbitration Commission, Chengdu Arbitration Commission, Luzhou Arbitration Commission, Panzhihua Arbitration Commission, Zigong Arbitration Commission, Leshan Arbitration Commission, and Mianyang Arbitration Commission
Guizhou Province: Liupanshui Arbitration Commission, and Guiyang Arbitration Commission
Yunnan Province: Kunming Arbitration Commission
Shaanxi Province: Xi'an Arbitration Commission, Baoji Arbitration Commission, Xianyang Arbitration Commission, Tongchuan Arbitration Commission, and Hanzhong Arbitration Commission
Gansu Province: Tianshui Arbitration Commission, Lanzhou Arbitration Commission, and Jiayuguan Arbitration Commission
Qinghai Province: Xining Arbitration Commission
Ningxia Hui Autonomous Region: Yinchuan Arbitration Commission, and Shizuishan Arbitration Commission
Xinjiang Uygur Autonomous Region: Karamay Arbitration Commission
III. The Arbitration Commissions which have accepted arbitration cases involving Hong Kong and Macao so far
China International Economic and Trade Arbitration Commission, and China Maritime Arbitration Commission.
Beijing Arbitration Commission, Tianjin Arbitration Commission, Shijiazhuang Arbitration Commission, Fushun Arbitration Commission, Changchun Arbitration Commission, Changzhou Arbitration Commission, Nantong Arbitration Commission, Lianyungang Arbitration Commission, Suzhou Arbitration Commission, Hangzhou Arbitration Commission, Shenzhen Arbitration Commission, Foshan Arbitration Commission, Changsha Arbitration Commission, Hohhot Arbitration Commission, Shanghai Arbitration Commission, Guangzhou Arbitration Commission, Jiangmen Arbitration Commission, Xiamen Arbitration Commission, Qingdao Arbitration Commission, Jinan Arbitration Commission, Dongying Arbitration Commission, Yantai Arbitration Commission, Shantou Arbitration Commission, Yueyang Arbitration Commission, Nanning Arbitration Commission, Guilin Arbitration Commission, Kunming Arbitration Commission, and Liuzhou Arbitration Commission.
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