An Empirical Study of China’s Recognition and Enforcement of Foreign Arbitral Awards Under the Belt and Road Initiative

Abstract

 Since 2015, the Supreme People’s Court of China has published several important judicial documents, requiring the correct interpretation and application of the New York Convention, the unification of judicial standards, and the lawful and timely recognition and enforcement of foreign arbitral awards relating to the Belt and Road Initiative. By studying cases concerning the recognition and enforcement of foreign arbitral awards ruled by Chinese courts between 2015 and 2017 and referring to official replies made by the Supreme People’s Court to lower courts’ requests for instructions before 2015, this article examines the achievements and shortcomings in Chinese courts’ exercise of the judicial review power under the New York Convention in the context of pursuing the Belt and Road Initiative, thus providing an empirical foundation to develop and improve China’s system of judicial review of foreign-related arbitration in the future.