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Country
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China
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Court
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China, 浙江省高级人民法院 (Zhejiang High People’s Court)
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Date
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23 September 2009
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Parties
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Eastland Produce Pte. Ltd. v. Zhejiang Xinxing Rubber Corporation
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Case number
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(2009) Zhe Tai Zhong Que Zi No. 4 ((2009)浙台仲确字第4号)
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Applicable NYC Provisions
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IV
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V
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Languages
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English
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Summary
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On 12 September 2008, Eastland Produce Pte. Ltd. entered into an agreement with Zhejiang Xinxing Rubber Corporation for the sale of rubber in Singapore. The parties' agreement contained an arbitration clause providing that disputes were to be submitted to arbitration under the auspices of the Singapore Commodity Exchange (SCE). A dispute arose between the parties when Zhejiang Xinxing Rubber Corporation refused to pay Eastland Produce Pte. Ltd. after delivery of the goods. On 22 December 2008, Eastland Produce Pte. Ltd. filed an arbitration with the SCE. On 18 May 2009, an award was rendered in favour of Eastland Produce Pte. Ltd., who then applied for recognition and enforcement of the award with the Zhejiang Higher People's Court (浙江省高级人民法院). Zhejiang Xinxing Rubber Corporation opposed the application on the grounds that (i) it did not receive proper notice when the award was rendered, (ii) the dispute over the payment was not within the ambit of the arbitration clause and (iii) the arbitration proceeding did not conform to the national law or the applicable law agreed by the parties.
The Zhejiang Higher People's Court opined that the award should be recognised and enforced in accordance with Article V NYC, Article 267 of the Civil Procedure Law of the People's Republic of China and Articles 2 and 3 of the Supreme People's Court Notice on the Implementation of China's Accession to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. In particular, the court opined that the submission of files in support of the application had complied with Article IV NYC and there were no grounds for refusal under Article V NYC.
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Link to the record
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https://newyorkconvention1958.org/index.php?lvl=notice_display&id=556&opac_view=6
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Refine your searchChina / 23 September 2009 / China, 浙江省高级人民法院 (Zhejiang High People’s Court) / Eastland Produce Pte. Ltd. v. Zhejiang Xinxing Rubber Corporation / (2009) Zhe Tai Zhong Que Zi No. 4 ((2009)浙台仲确字第4号)
