MACAU SAR, CHINA Law and Practice Contributed by: João Nuno Riquito, Bruno Almeida and Daniel de Senna Fernandes, Riquito Advogados
Enforcement After being confirmed by the Court of Second Instance, the award may be enforced through the Court of First Instance. The proceedings will commence with the seizure of the defendant’s assets before the defendant is called to oppose the enforcement or the seizure of certain assets. 14. Outlook 14.1 Proposals for Dispute Resolution Reform A reform proposal of the Macau SAR’s Code of Civil Procedure – regarding duration of proceedings, pro- cedural steps and situations that cause delays in pro- cedure – is still under preparation and may be submit- ted to the Legislative Council soon. 14.2 Growth Areas The growing enforcement of the Framework Agree- ment on Deepening Guangdong-Hong Kong-Macau Cooperation in the Development of the Greater Bay Area , and the subsequent establishment of sup- plementary collaboration policies, particularly those regarding market integration, continues to encourage the further implementation of ADR mechanisms to address commercial disputes involving parties from different legal systems within the Greater Bay Area.
• decision will cause a result that goes against public policy. • The defendant may oppose the confirmation pro- ceedings on the following grounds: • lack of legal capacity of any of the parties to enter into the arbitration agreement; • unenforceability of the arbitration clause according to the agreed jurisdiction (or in accordance with the law of the state or region where the decision was reached, in case of omission); • impossibility of a party exercising their respective rights during the arbitration proceedings due to inadequate information of the appointment of the arbitrator or of the arbitration process, or due to any other reason; • the arbitration award falls outside or exceeds the scope of the arbitration agreement; • irregular constitution of the arbitration tribunal according to the arbitration clause, or according to the law of the state or region where the award was rendered, in case of omission; • the arbitration award has not yet become binding to the parties, or has been annulled or suspended by a court of the state or region in which, or under the law of which, the arbitration award was ren- dered; • insusceptibility of submission to arbitration of the subject matter of the decision in accordance with the Macau SAR law; and • the decision is contrary to public order.
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