Guangzhou Court Rules ICC Arbitration Award Chinese, Not Foreign

October 07, 2020 | BY

Vincent Chow

Foreign-related awards are not necessarily more enforceable than foreign awards

                                                   Guangzhou

China is paving the way for foreign arbitral institutions to conduct more arbitration in the country. A recent court decision suggests that Chinese courts are taking a different approach to key questions surrounding the nationality of arbitral awards that brings the country more in line with international practices.

On Aug. 6, the Guangzhou Intermediate People's Court ruled in Brentwood Industries v. Guangzhou Faanlong Machinery Engineering Co. Ltd. that an arbitral award rendered by the International Chamber of Commerce (ICC) in Guangzhou was a Chinese award with a foreign element. The decision marked the first time a Chinese court has regarded an arbitral award rendered by a foreign arbitral institution in mainland China as a Chinese award.

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