Meta Description:This FAQ explains when and how overseas companies can enforce foreign arbitral awards in China, including requirements, timelines, and common pitfalls.
1. Can foreign arbitral awards be enforced in China?
Yes. China is a party to the New York Convention, and Chinese courts regularly recognize and enforce qualifying foreign arbitral awards. However, awards must meet certain requirements and go through a local court procedure.
2. What counts as a “foreign” arbitral award for China?
Typically, a foreign arbitral award is:
- An award rendered outside mainland China by an arbitral tribunal (institutional or ad hoc); or
- In some situations, an award from Hong Kong, Macau, or Taiwan under special arrangements.
Different enforcement regimes apply to Hong Kong, Macau, and Taiwan, so you should confirm the seat of arbitration before planning.
3. What documents are required to apply for enforcement?
You will usually need:
- Application for recognition and enforcement
- Original or certified copy of the arbitral award
- Original or certified copy of the arbitration agreement
- Evidence that the award is final and binding
- Chinese translations of all key documents
- Notarization, legalization, or apostille where required
It is important to plan document preparation early; missing or defective paperwork can cause serious delays.
4. Which Chinese court should I apply to?
Applications are typically filed with an Intermediate People’s Court where:
- The debtor is domiciled or habitually resides; or
- Major assets to be enforced against are located.
Choosing the right court is a strategic decision; local practice and experience with foreign awards can differ.
5. On what grounds can a Chinese court refuse to enforce a foreign award?
Chinese courts follow grounds similar to the New York Convention, including:
- Invalid or non‑existent arbitration agreement
- Party not properly notified or unable to present its case
- Award exceeds the scope of the submission to arbitration
- Tribunal composition or procedure not in line with the parties’ agreement or law of the seat
- Award is not yet binding or has been set aside at the seat
- Enforcement would violate China’s public policy
Refusals are relatively rare, but you must be prepared to address any potential objections.
6. How long does enforcement usually take?
Timeframes vary, but a typical case may involve:
- 1–3 months to prepare documents and file the application
- 6–12 months for the court to decide on recognition and enforcement
- Additional time for actual enforcement actions, depending on the debtor’s assets and cooperation
Complex cases or those involving public‑policy arguments can take longer.
7. Can assets be preserved while the court considers enforcement?
In appropriate cases, you can request property preservation (asset freezing) to secure the award. Courts normally require security from the applicant. A coordinated strategy—sometimes involving interim relief at the seat or in other jurisdictions—can be essential.
8. How can Chinese local counsel help?
Local counsel can:
- Assess enforceability risks under Chinese law
- Identify the best court and asset targets
- Prepare compliant applications and translations
- Manage the reporting procedures within the Chinese court system
- Coordinate enforcement measures and negotiations
If you hold a foreign arbitral award against a party with assets in China, our team can provide an initial assessment and enforcement roadmap.