Return to site

Can the application for recognition andenforcement of foreign arbitration awards and judgments be resolved through mediation? -- Answers to Several Difficult Issues Concerning Foreign-related Commercial Trials (Part two) (12)

by the Ningbo Intermediate Court

September 13, 2023

Answer: The application for recognition andenforcement of foreign arbitration awards or foreign court judgments is not suitable for mediation and closure of cases. If both parties reach a settlement agreement on the performance content determined in the award or judgment, the applicant may withdraw the application for recognition and execution after the parties sign the out of court settlement agreement on their own. If the obligor fails to fulfill the out of court settlement agreement on time, the applicant may sue the court with jurisdiction based on the agreement. The applicant can
also withdraw the application for recognition and enforcement first, and then the parties directly file a new lawsuit with a domestic court with jurisdiction over the original dispute. The respondent court can file a case to accept and organize mediation between the two parties, and the respondent court can issue a mediation letter, which can specify that the foreign arbitration award or foreign court judgment will no longer be enforced.