The Nanjing Intermediate People’s Court of Jiangsu province, on 13 December 2016, issued its ruling to enforce an arbitral award issued by the CIETAC Hong Kong Arbitration Centre. The Nanjing court’s ruling marks the first time that a Chinese mainland court has enforced a CIETAC Hong Kong arbitral award upon application from the party seeking enforcement.
In 2015, the claimant, an American architectural design firm, commenced arbitration proceedings at CIETAC Hong Kong against a Chinese property developer (the respondent), seeking design fees and unpaid interest pursuant to their arbitration agreement. An award was rendered in favour of the claimant, and the respondent later voluntarily enforced a portion of the award (design fees). The claimant and the respondent at that stage also reached a new settlement agreement on the unpaid interest.
The parties agreed that either the respondent could pay voluntarily the interest in the amount of RMB600,000 (US$87,000) before 31 May 2016, or the claimant could seek payment of the full amount before court. When the respondent did not pay voluntarily before the deadline, the claimant sought enforcement at the Nanjing court. The court subsequently held that the unpaid interest should be enforced.
The author made a summary based on the ruling and the information provided by the case management team of CIETAC Hong Kong as follows, for easy reference.
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Brad Wang is the managing counsel at CIETAC Hong Kong Arbitration Centre. Kevin Walker, a law student at the University of California, Berkeley, and a former intern at CIETAC Hong Kong, and Candice Zhao, a law student at the University of Hong Kong and a former intern at CIETAC Hong Kong, also contributed to this article