Once the international award has been recognized and homologated by the Provincial Court, the party seeking the enforcement shall file a petition with the first instance judge and follow the process for
enforcing domestic awards described above.
It is worth noting that the procedure for
enforcing a domestic award is simpler than the one established for foreign awards.
Not exact matches
In some circumstances, other international treaties, or the
domestic law of the country where enforcement is sought, will also apply to the question of whether a foreign arbitral
award should be recognized and
enforced.
The Arbitration Law expressly provides that its objectives are to effectively resolve
domestic and international commercial disputes in a fair and effective manner, recognise and
enforce international arbitral
awards and encourage dispute resolution by arbitration.
While enforcement, a foreign arbitral
award shall, on the application being made to the appropriate court by any party, be
enforced by execution by the court under the Code of Civil Procedure 1908, in the same manner as if it were a decree of the
domestic Court.
Whether you need the
award enforced in state or federal court, and whether it is a
domestic or international
award, the law office of Adair Myers Graves Stevenson can provide you with the experienced advice necessary to collect the
award or otherwise give the
award full legal force and effect.
(11) of 1992 (the «CPC») stipulates that the ratification of
domestic awards by the courts is necessary before the
award may be
enforced.
under sections 67, 68 and 69); and proceedings to
enforce both foreign and
domestic awards.
Each level of people's court should establish a centralized administrative platform for the judicial review of arbitration
awards, to strengthen the informatized management and data analysis of cases regarding applications to confirm the validity of an arbitation agreement, cases regarding applications to cancel or
enforce arbitration
awards of our
domestic arbitration institutions, applications to recognize and
enforce Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration
awards, cases regarding applications to recognize and
enforce foreign arbitral
awards, and cases relating to the judicial review of arbitration such as refusal to accept, reject the filing, or objection to jurisdiction and others relating to the confirmation of the validity of an arbitration agreement; the effective guarantee of the correct application of law and of a unified yardstick for judicial decision - making.
In cases in which a party applies to have the validity of an arbitration agreement recognized, cases in which application is made to cancel a
domestic arbitration commission's
award, cases in which application is made to recognize (认可) and
enforce a Hong Kong SAR or Macau SAR arbitration
award, recognize (认可) and
enforce a Taiwan area arbitration
award, application is made to recognize (承认) and
enforce a foreign arbitral
award, shall be handled by the specialized trial divisions of each level of court.
For
domestic arbitrations, section 52 (3) of the Ontario Arbitration Act, 1991 provides that an application to
enforce the
award must be made within two years of the date that the applicant receives the
award.