Fernando Dias Simões - Recognition and Enforcement of Foreign Arbitral Awards in Macau

Abstract

The recognition and enforcement of foreign arbitral awards in the Macau Special Administrative Region of the People’s Republic of China is not always subject to the same legal rules. Foreign arbitral awards may be divided, according to their origin, into four different groups: awards made in a New York Convention country, other than China; awards made in mainland China; awards made in Hong Kong and awards made in a non-New York Convention country. This article analyses the sets of rules applicable to the different types of foreign arbitral awards. Macanese courts have limited experience in this regard. In order to change this, it is necessary to raise the awareness among judges about the specificities of international commercial arbitration by promoting an “arbitration culture”.

Fernando Dias Simões

Senior Research Associate

Professor Dias Simões is Associate Professor at the Faculty of Law of the Chinese University of Hong Kong (Hong Kong, China)

Summary

The recognition and enforcement of foreign arbitral awards in the Macau Special Administrative Region of the People’s Republic of China is not always subject to the same legal rules. Foreign arbitral awards may be divided, according to their origin, into four different groups: awards made in a New York Convention country, other than China; awards made in mainland China; awards made in Hong Kong and awards made in a non-New York Convention country. This article analyses the sets of rules applicable to the different types of foreign arbitral awards. Macanese courts have limited experience in this regard. In order to change this, it is necessary to raise the awareness among judges about the specificities of international commercial arbitration by promoting an “arbitration culture”.

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