Location: Home > Resources > Judicial Interpretations

Provisions of the Supreme People's Court on the Issue concerning the Fee Collection and the Period of Review for the Recognition and Enforcement of Foreign Arbitral Awards

From: 清华大学法学院《中国商事仲裁法律汇编》         Updated: 1998-11-21   

Fashi [1998] No. 28, adopted at the 1,029th Meeting of the Judicial Committee of the Supreme People's Court on October 21, 1998, promulgated on November 14, 1998, effective as of November 21, 1998.


In order to correctly implement the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”), the following provisions are hereby made concerning concerning the Fee Collection and the Period of Review for the Recognition and Enforcement of a Foreign Arbitral Awards by people's courts in accordance with the provisions of the New York Convention: 

1. A people's court shall pre-collect RMB 500 for accepting a party's application for the recognition of a foreign arbitral award. 

2. When a people's court accepts a party's application for the recognition and enforcement of a foreign arbitral award, the court shall, in accordance with the relevant provisions of the Measures for Litigation Fee Collection by People's Courts, pre-collect an enforcement fee according to the amount to be enforced or the amount of the subject matter. If the court makes a final decision to only recognize, but refuses to enforce the said arbitral award, the court shall return all the fees, except the fees specified in Article 1 hereof, to the applicant. 

3. Where a people's court accepts a party's application for the recognition and enforcement of a foreign arbitral award, the court shall not collect court fees twice respectively for the recognition and for the enforcement. With regard to the pre-collected fees, the provisions of the Measures for Litigation Fee Collection by People's Courts shall apply. 

4. Where a party concerned applies for the recognition and enforcement of a foreign arbitral award pursuant to Article IV of the New York Convention, the people's court accepting the application shall, if it decides to recognize and to enforce the award, render a decision within two months of the acceptance of the application. Where no special circumstances occur, the enforcement shall be completed within six months of the decision being rendered. Where the people's court decides to refuse the recognition and enforcement, it shall, in accordance with the relevant provisions of the Notice of the Supreme People's Court on the Disposition by People's Courts of Issues Relating to Arbitration Involving Foreign Elements and Foreign Arbitration Matters (Fafa [1995] No. 18), report to the Supreme People's Court within two months of the acceptance of the application. 


Related Links:
最高人民法院关于承认和执行外国仲裁裁决收费及审查期限问题的规定


 

*The original text is Chinese and has been translated into English for reference only. If there is any inconsistency or ambiguity between the Chinese version and the English version, the Chinese version shall prevail.