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Final Words
As demonstrated above, enforcement of foreign related awards in Mainland China is a very complicated issue. Enforcement-seeking parties are facing some institutional obstacles, as well as practical difficulties. Some obstacles may be solved by legislation or judicial interpretation, but some are relating to the root of the defective judicial system in China. For example, the SPC may issue judicial interpretations to cure minor legal issues in the Arbitration Law, but may not do anything to greatly raise the efficiency of the overall enforcement work. Therefore the author remains cautiously optimistic on the future of enforceability of foreign related awards in Mainland China. Improvements of enforceability need efforts from not only the legislation, but also from the whole judicial system. The reporting system mentioned above is a good example. In nature it is a highly administrative approach with strong character of bureaucratic approvals, not a modern judicial process with independent professionalism. The author therefore believes that in the long term the reporting mechanism shall be abolished; Chinese judges shall make decisions based on their own professional skills, not the approval of higher courts.
【注释】1. See Randal Peerenboom, “Seek Truth From Facts: An Empirical Study of Enforcement of Arbitral Awards in the PRC”, 2001 The American Journal of Comparative Law, 49 Am. J. Comp. L. 249, at 249.
2. The term “Chinese law” is used in this essay to refer to the legal system or the laws of mainland China, as opposed to Taiwan, Hong Kong, and Macau.
3. See Peerenboom supra n1, at 11.
4. See Randall Peerenboom, The Evolving Regulatory Framework for Enforcement of Arbitral Awards in the People''s Republic of China, 1 Asian-Pacific L. & Pol''y J. 12. See also, Wang Shen Chang, Resolveing Dispute through Arbitration in Mainland China, Law Press, June 2003.
5. See Li Hu, Enforcement of International Commercial Arbitration Awards: with Emphasis on Award Enforcement in the PRC. Law Press, 2000 first edition, p 134.
6. See http://www.gzac.org/zcgf/arbrule6.html, last visited on March 28, 2005. This is a real case disclosed by the Guangzhou Arbitration Commission,
7. Michael J. Moser, China and the Enforcement of Arbitral Awards, in 61 Arbitration 2/1995, the Journal of Chartered Institute of Arbitrators, P. 50.
8. See Yunwu Wang and Zhi Ma, On the Scope of Judicial Supervision of Arbitration Awards in China, Arbitration Study Volume I, Law Press, September 2004, at 17-18.
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