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The Enforcement of SCIA Arbitration Awards in Hong Kong

2015-01-30 13:02:01     来源:     

 

According to the latest official data provided by the Hong Kong Judiciary, the South China International Economic and Trade Arbitration Commission (also known as the Shenzhen Court of International Arbitration; previously known as the China International Economic and Trade Arbitration Commission South China Sub-commission, the China International Economic and Trade Arbitration Commission Shenzhen Sub-commission; “SCIA”) ranked No.1 in 2014 among all Mainland China’s arbitration institutions in terms of the number of arbitral awards that were enforced in Hong Kong. Almost 40% of all mainland arbitral awards enforced by Hong Kong courts, were rendered by the SCIA.
 
In 2014, Hong Kong Court enforced a total of 34 arbitral awards (see attached chart), among which five were rendered by the SCIA, eight by the Hong Kong International Arbitration Center (HKIAC), and three were ad hoc cases that selected Hong Kong as place of arbitration. The total number of arbitral awards rendered by Shenzhen and Hong Kong was 16—47.1% of all arbitral awards enforced in Hong Kong.
 
The SCIA was the first mainland arbitration institution to have its arbitral award enforced outside Mainland China under  to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1989. Since 1998, all SCIA arbitral awards for which enforcement has been sought in Hong Kong have been successfully enforced under the Arrangement of Supreme People’s Court on Mutual Enforcement of Arbitration Awards between the Mainland and the Hong Kong Special Administrative Region
 
Closer trade and investment ties between Hong Kong and the mainland mean that an increasing number of Mainland China’s arbitral awards will be recognized and enforced in Hong Kong.
 
Enforcement of Arbitration Awards in Hong Kong

 
No of applications to enforce arbitral awards
No of applications to set aside order granting leave
No of orders set aside
Name of Appointing Authority
No of applications granted
1
CIETAC  (Beijing) 1
3
0
0
2
CIETAC (Shanghai) 2
2
0
0
3
France (ICC) 3
1
0
0
4
Guangzhou Arbitration Commission
2
0
0
5
Hong Kong 4
3
0
0
6
Hong Kong (HKIAC) 5
8
0
0
7
London 6
3
0
0
8
London (LMAA) 7
1
8
0
9
New York 9
1
0
0
10
SCIA 10
5
11
0
11
Shanghai Arbitration Commission
1
0
0
12
Singapore (SIAC) 12
2
0
0
13
Switzerland 13
1
0
0
14
Switzerland (SCA) 14
1
0
0
 
Total:
34
3
0

Note: Information provided by the Hong Kong Judiciary.
1 China International Economic and Trade Arbitration Commission 中國國際經濟貿易仲裁委員會or CIETAC (Beijing)
2 China International Economic and Trade Arbitration Commission Shanghai Sub-Commission 中國國際經濟貿易仲裁委員會上海分會 or CIETAC (Shanghai)
3 International Chamber of Commerce (ICC), International Court of Arbitration
4 Sole Arbitrator, Hong Kong
5 Hong Kong International Arbitration Centre (HKIAC)
6 Sole Arbitrator/Arbitrators, London
7 London Maritime Arbitrators Association (LMAA)
8 HCCT 20/2013 (Hon Mimmie Chan J)
9 International Centre for Dispute Resolution, International Arbitration Tribunal
10 South China International Economic & Trade Arbitration Commission, Shenzhen Court of International Arbitration 華南國際經濟貿易仲裁委員會,深圳國際仲裁院 or CIETAC (Shenzhen)
11 HCCT 43/2013 (Hon Mimmie Chan J), HCCT 14/2014 (Hon Chow J)
12 Singapore International Arbitration Centre (SIAC)
13 Arbitrators, Switzerland
14 Swiss Chambers’ Arbitration (SCA)