Summary
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On 25 November 2003, KTC Korea Co., Ltd (“KTC”) and Ningxia Hui-Ye Magnesium Co., Ltd. (“Hui-Ye”) entered into a supply contract. A dispute arose between the parties and, on 25 January 2008, an arbitral award was rendered under the auspices of the Korean Commercial Arbitration Board. KTC, on 12 August 2008, applied for recognition and enforcement of the arbitral award before the Shizuishan Intermediate People’s Court (石嘴山市中级人民法院).
The Shizuishan Intermediate People’s Court opined that the arbitral award should be recognised and enforced. In particular, the court found that there were no grounds for refusing recognition or enforcement of the award under Article V NYC, Article 215 and 267 of the Civil Procedure Law of the People’s Republic of China, and Article 4 of the Circular of the Supreme People’s Court on the Implementation of The Convention on the Recognition and Enforcement of Foreign Arbitral Awards entered into by China.
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