Working To Enforce Chinese Arbitration Awards
Most companies that conduct business in China are familiar with the China International Economic and Trade Arbitration Commission (CIETAC). Indeed, 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 decisions are highly respected around the world for their thoroughness and sound reasoning. With this in mind, securing qualified legal counsel is a means of improving one’s chances of obtaining a successful outcome.
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 other 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. The lawyers at Kenneth I. Gross & Associates have more than 50 years of combined experience representing international companies in domestic enforcement proceedings. We understand how to navigate these matters 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 Consultations Available To Discuss Your Case
Our firm has two convenient office locations in Los Angeles and Rosemead. We speak Mandarin, Cantonese and Taiwanese. 我們會講中文