MACAU SAR, CHINA Law and Practice Contributed by: João Nuno Riquito, Bruno Almeida, Bernice Kwok and Daniel de Senna Fernandes, Riquito Advogados
Confirmation The general requirements for confirmation of the award are fundamentally formal by nature, but there are a few exceptions, namely: • previous submission of the matter to litigation in the Macau SAR or previous decision as res judicata by the Macau SAR courts; • non-exclusive competence of the Macau SAR courts to rule over the subject matter; • verification of the regular summoning of the defendant and the observation of due pro- cess principles; and • decision will cause a result that goes against public policy. • The defendant may oppose the confirmation proceedings 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 accord- ing 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 arbitra- tion award was rendered;
• insusceptibility of submission to arbitration of the subject matter of the decision in accord- ance with the Macau SAR law; and • the decision is contrary to public order. 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 proceed- ings, procedural steps and situations that cause delays in procedure – is under preparation and may be submitted to the Legislative Council soon. 14.2 Growth Areas With the growing implementation of the Frame- work Agreement on Deepening Guangdong- Hong Kong-Macau Cooperation in the Devel- opment of the Greater Bay Area , and the subsequent establishment of supplementary collaboration policies, particularly regarding market integration, commercial disputes involv- ing parties from different legal systems within the region have become a pressing concern. To address this issue, ADR mechanisms are actively being promoted. For instance, arrange- ments have been established for the mutual enforcement of arbitral awards by the relevant courts/authorities in Mainland China, Macau and Hong Kong. Additionally, the Greater Bay Area
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