Application for Recognition and Enforcement of Foreign Arbitration Award

CH Ltd, Russia (hereinafter referred to as CH) and Qingdao AP Chemical Co., Ltd, China(hereinafter referred to as AP) signed the supply contract on December 10, 2013. According to the contract, AP shall ship 4 containers of goods, and the goods shall arrive at the port of St. Petersburg no later than December 14, 2014. However, the goods did not leave the Chinese port, nor arrive at the port of St. Petersburg before December 14, 2014, which resulted in the delay in delivery of the goods. Based on this, CH sent the rejection notice to AP, and applied to MKAC for arbitration. The arbitration tribunal made an arbitration resolution: AP paid claim amount to CH, and compensated of arbitration fee paid by CH. The above arbitration award has come into force. Because AP fails to fulfill the obligations of the above arbitration award, CH applies to Qingdao Intermediate People’s Court for recognition and enforcement of the arbitration award.

After accepting the entrustment by CH, our law firm applies to Qingdao intermediate people’s court for arbitration recognition and enforcement, and fully submits the facts and legal basis to the court. After several court hearings, the two sides reached a mediation agreement under the mediation of the court, and the client obtained satisfactory results.

In commercial arbitration, the arbitration agreement is the basis for excluding the jurisdiction of the court and giving the arbitral tribunal jurisdiction over specific disputes. Therefore, it is very important to understand the requirements of laws for arbitration agreements. Generally speaking, the requirements of law for an arbitration agreement can be divided into formal requirements and content requirements. The formal requirement including the written form, but not oral form, and signed by both parties. The content including arbitration organization is clear, not vague, applicable law is clear etc.