GC Agenda China
In the March edition of GC Agenda China, Morrison & Foerster partner Timothy W. Blakely offered his expert analysis on the Supreme People’s Court’s recently issued Provisions on Certain Issues on the Enforcement of Arbitral Awards by People’s Courts.
According to Mr. Blakely: “The new provisions – especially on the heels of the other two recent judicial interpretations – demonstrate a continuing commitment to improve China’s judicial framework supporting arbitration. The provisions not only give further guidance to Chinese courts about exercising jurisdiction and resolving challenges to awards, but also contain drafting lessons for practitioners (e.g., use of service of process provisions) and lessons for conducting arbitration proceedings. For instance, the provisions make it more difficult for a party to resist enforcement by citing procedural errors if that party did not object to the errors during the underlying arbitration. This should encourage parties to be increasingly diligent in raising objections during arbitration proceedings, affording tribunals a chance to timely address perceived shortcomings and improving the arbitral process.”