On January 16th, the Supreme People's Court released ten typical cases of arbitration judicial review. The types of cases released this time are diverse, including applications for recognition and enforcement of foreign arbitration awards, applications for recognition and enforcement of Hong Kong arbitration awards, as well as applications for revocation of arbitration awards, applications for confirmation of the validity of arbitration agreements, and disputes over jurisdictional objections; The content is rich, covering both sports arbitration and financial arbitration, as well as multiple issues such as the effectiveness of arbitration clauses on online lending platforms, disclosure obligations of arbitrators, arbitration procedures, re arbitration, public order and good customs. It vividly reflects the new situation and problems faced by the judicial review work of arbitration in the new era, fully reflecting the equal emphasis of people's courts on arbitration support and supervision The judicial stance is to actively create a market-oriented, legal, and internationalized first-class business environment. The cases released this time involve recognition and enforcement of overseas arbitration awards, clarification of examination standards for cutting-edge and difficult issues, and strengthening arbitration supervision in accordance with the law. In the application for recognition and enforcement of Uzbekistan arbitration awards by Art Mosaic Company, the People's Court fulfilled its international treaty obligations in good faith, strictly enforced the Convention on the Recognition and Enforcement of Foreign Arbitration Awards, and recognized and enforced foreign arbitration awards in accordance with the law. In the application for recognition and enforcement of Hong Kong arbitration awards by Yihai Company, in accordance with the provisions of the Supreme People's Court's Arrangement on Mutual Enforcement of Arbitration Awards between the Mainland and the Hong Kong Special Administrative Region, the effectiveness of the arbitration agreement shall be reviewed and recognized and enforced in accordance with the law of the place of arbitration. In the case where Dacheng Industrial Gas Co., Ltd. and others applied to confirm the validity of the arbitration agreement, it was clarified that the parties agreed in the contract on the arbitration clause of foreign arbitration institutions in mainland China, which complies with the provisions of Article 16 of China's Arbitration Law and is a valid arbitration clause, supporting the development of international commercial arbitration. In the contract dispute case between Shanghai Shenxin Football Club and Shanghai Shenhua Football Club, the People's Court accurately defined the scope of arbitration within the Sports Association and the China Sports Arbitration Commission, promoted the development of diversified sports dispute resolution mechanisms, and served to ensure the rule of law. In the application for confirmation of the effectiveness of the arbitration agreement by Oceanwide Holdings, respect the autonomy of the parties and determine that the arbitration clause of the main contract cannot be extended to apply to the subordinate contract. In the application for revocation of the arbitration award by Chongqing Yihe Health Company, the subject of the application for revocation of the award is strictly limited to the "parties" to maintain the finality of the award. In the case of Wang and Li's application for revocation of the arbitration award, it was found that both parties knew or should have known that the private lending behavior of borrowing money for gambling violated public order and good customs, and the arbitration award made based on this violated social public interests and should be revoked. This is a typical case of the people's court maintaining public order and good customs, promoting and practicing socialist core values. In the case where Sun and Nanjing Sunfei Technology Company applied for the revocation of the arbitration award, the people's court clearly stated that the arbitration clause signed in the form of a so-called "seal" without the signature or explicit consent of the counterparty to the contract is invalid, and reminded the arbitration institution to ensure the enforceability of the arbitration award by keeping the "entry gate" open. In the application for revocation of the arbitration award by China Communications First Highway Engineering Bureau Company, it is clearly stated that if the arbitrator fails to fulfill the disclosure obligation in accordance with the arbitration rules, which affects the exercise of the parties' right to recuse, it may affect correctness
Edit：Wangchen Responsible editor：Jia Jia
Source：http://rmfyb.chinacourt.org/
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