CHINA Law and Practice Contributed by: Peibing Qi, Na Gao and Shanshan Heng, Fangda Partners
The arbitration rules of mainstream arbitration institu- tions do address related matters. For example, the CIETAC Guidelines on Evidence provide that a request for the production of documents may be dismissed if the production “may result in the divulgence of state secrets, trade secrets or technological secrets”. There are no further detailed rules on this matter. 8.4 Witness Evidence Under PRC law, a witness should submit their written witness statement prior to the hearing and is subject to cross-examination by the disputing parties during the hearing. PRC law does not provide for witness depositions procedures. 8.5 Expert Evidence Expert Report Under PRC law, a party may submit an expert report on specific issues to support its claims. Scope of Selected Experts There are no statutory restrictions limiting the pool from which a party may select an expert, provided the expert possesses specialised knowledge relevant to the specific issue. Expert’s Duties The report provided by the expert witness shall be limited to expressing opinions on specialised issues, and the statements made shall be as objective and unbiased as possible. 9. Enforcement 9.1 Enforcement of Judgments Procedures for Having a Foreign Judgment Recognised and Enforced A party may apply to a competent Intermediate Peo- ple’s Court at the place where the party subject to enforcement is domiciled or where its property is located for recognition and enforcement of a foreign judgment. After reviewing the application materials and hearing from both parties, the court may issue a ruling recognising and enforcing the judgment. Either party may apply to the next higher court for recon- sideration (limited to one instance). Once the ruling recognising and enforcing the judgment becomes
final and effective, the case will be transferred to the court’s enforcement department for compulsory enforcement. Scope of Recognisable and Enforceable Foreign Judgments Foreign judgments may be recognised and enforced where they are rendered by courts in jurisdictions that have entered into a treaty with China, or where recog- nition is permitted on the basis of reciprocity. 9.2 Enforcement of Arbitral Awards Awards Rendered by Arbitration Institutions in Mainland China (Excluding Hong Kong, Macau and Taiwan) The claimant may directly apply for compulsory enforcement of the effective award to the Intermedi- ate People’s Court at the place of domicile of the party subject to enforcement or the location of the property. Awards Rendered by Arbitration Institutions outside Mainland China or in Hong Kong, Macau and Taiwan The arbitration claimant may apply to a competent Intermediate People’s Court at the place of domicile of the respondent or the location of the property for recognition and enforcement of the award. As China is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”), effective awards rendered in the terri- tory of a contracting state to the New York Convention may be recognised and enforced by PRC courts. 9.3 Length of Time Enforcement of Domestic Court Judgments and Arbitral Awards The duration of enforcement proceedings largely depends on the nature and status of the judgment debtor’s assets. PRC law provides that enforcement cases should be concluded within six months from the date of filing, subject to extension under excep- tional circumstances. In practice, however, due to the heavy caseload, enforcement proceedings may last from several months to several years.
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