萬維網虛擬圖書館 --- 法律
 
中国

NEW YORK CONVENTION, 1958.

Date of accession: 22 January 1987.

Entry into force for : 22 April 1987.

Limited to Awards:

• From other Contracting States
• Relating to a Commercial relationship

"1. The People's Republic of China will apply the Convention, only on the basis of reciprocity, to the recognition and enforcement of arbitral awards made in the territory of another Contracting State;
"2. The People's Republic of China will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the People's Republic of China.

The Notice of the Supreme People's Court on the Implementation of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards to which China has Acceded (issued on 10 April 1987) states as a definition of "Commercial legal relationships":
relations concerning economic rights and obligations arising out of contract, tort or relevant statutory provisions, for example: disputes relating to the sale of goods, property leasing, construction contracting, contract processing, technology transfer, equity joint ventures, resources, insurance, credit, personal services, agency, consultancy services and carriage of goods by sea, civil aviation, rail transport and road transport, as well as product liability, environmental pollution, marine casualties and title.
"disputes between foreign investors and the government of their host country" are specifically excluded.
[reference: Håkansson, pp. 189-190.]