CHINA Law and Practice Contributed by: Yaxing Zhang, Bing San, Yi Cao and Jiahui Zhu, Han Kun Law Offices
• Procedural violations – the composition of the arbi - tral tribunal or the arbitration procedure violated statutory requirements. • Evidence based on forgery – the award was based on forged evidence. • Concealment of material evidence – the opposing party concealed evidence from the arbitral tribunal which was sufficient to affect the impartiality of the award. • Arbitrator misconduct – the arbitrator commit - ted embezzlement, accepted bribes, engaged in malpractice for personal gain, or perverted the law during arbitration. • Violation of social public interests – the people’s court determines that enforcement of the award would violate social public interests and accord - ingly rules to refuse enforcement.
Furthermore, for foreign arbitral awards, Hong Kong, Macau or Taiwan arbitral awards, and domestic arbi - tral awards, recognition and enforcement/enforce - ment shall be refused if the application is filed after the two-year limitation period for enforcement, and the opposing party objects to the application on the grounds that the limitation period has expired.
105 CHAMBERS.COM
Powered by FlippingBook