Enforcement Of Chinese Arbitration Awards

Most companies that conduct business in China are familiar with the China International Economic and Trade Arbitration Commission (CIETAC). Many businesses with international dealings are subject to contractual provisions that require mandatory arbitration of any disputes before CIETAC.

As one of the world's premier arbitration institutions, CIETAC presides over hundreds of arbitration cases every year. Its arbitration decisions are highly respected around the world for their thoroughness and sound reasoning.

Winning a victory before CIETAC, however, is only half the battle. To be fully effective, arbitration decisions involving American companies must be enforced in U.S. courts as a judgment. Entering the arbitration award as a judgment in a U.S. court presents its own series of hurdles and challenges.

Navigating Enforcement Proceedings In California

The United States is a signatory to an international treaty — the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (also known as The New York Convention) — that provides the legal basis for enforcing foreign arbitration awards in American courts. However, the procedural considerations involved in securing enforcement of the award can be complex. An enforcement action must be filed in the appropriate court. Specific time frames and jurisdiction considerations also come into play as well as issues that could lead to vacating the award.

Foreign arbitration awards can be challenged on limited grounds. If a dispute arises regarding the enforceability of the award, more in-depth litigation may become necessary.

Experienced Attorneys Who Understand International Business Needs

Enforcing CIETAC awards or any foreign arbitration award requires skill and experience. At Kenneth I. Gross & Associates in Los Angeles, California, we have extensive experience representing international companies in domestic enforcement proceedings. We understand how to navigate these proceedings in the most efficient and cost-effective manner possible.

Our attorneys share a unique level of experience in working with Chinese businesses. For several years, attorney Kenneth Gross practiced in southwestern China, where he was one of the first licensed foreign lawyers in the region and handled a number of matters requiring the enforcement of a CIETAC award in U.S. courts. We understand not only the language, but also the Chinese culture and business climate.

Our global experience translates to well-informed legal guidance for international businesses.

Free Initial Consultation

For experienced legal counsel on enforcement of Chinese arbitration awards in California courts, contact us at 213-784-4232 or 866-634-2816. Initial consultations are free of charge.

Our firm has two convenient office locations in Los Angeles and Rosemead. We speak Mandarin, Cantonese and Taiwanese. 我們會講中文