Provisions of the Supreme People’s Court on the fees and review period for the recognition and enforcement of Foreign Arbitral Awards

(Adopted at the 1029th meeting of the judicial committee of the Supreme People’s Court on October 21st, 1998, and effective as of November 21st, 1998)

In order to correctly implement the United Nations Convention on the recognition and enforcement of Foreign Arbitral Awards (hereinafter referred to as the New York Convention) acceded to by China, the following provisions are made on the fees and review period of the people’s court for the recognition and enforcement of Foreign Arbitral Awards in accordance with the provisions of the New York Convention:

1、 If the people’s court receives an application for recognition of a foreign arbitral award from a party, it shall collect 500 yuan in advance.

2、 When the people’s court accepts a party’s application for recognition and enforcement of a foreign arbitral award, it shall, in accordance with the relevant provisions of the measures for litigation fees of the people’s court, collect an enforcement fee in advance according to the amount or target price of the application for enforcement. If the people’s court finally decides to recognize but not enforce the foreign arbitration award, the rest will be returned to the applicant after deducting the fees listed in Article 1 of these provisions.

3、 When the people’s court accepts the application of the parties for recognition and enforcement of foreign arbitral awards, it shall not charge for recognition and enforcement twice. The burden of the fees collected in advance shall be implemented in accordance with the relevant provisions of the measures of the people’s court for litigation fees.

4、 If a party applies for recognition and enforcement of a foreign arbitral award in accordance with the conditions specified in Article 4 of the New York Convention, and the people’s court that accepts the application decides to recognize and enforce it, it shall make a ruling within two months from the date of accepting the application. If there are no special circumstances, the enforcement shall be completed within six months after the ruling; The decision not to recognize and implement shall be submitted to the Supreme People’s court within two months from the date of accepting the application in accordance with the relevant provisions of the Supreme People’s Court Law No. [1995] 18 notice on the handling of issues related to foreign-related arbitration and foreign arbitration matters by the people’s court.