Jurisdiction(s):
United Kingdom

Key definition

Enforcement definition

What does Enforcement mean? Enforcement is the practical process of making a court order, judgment, decree or arbitral award take effect when the party bound has not complied by the deadline. It involves applying for, and using, court-sanctioned measures to secure compliance or recover sums due, including where permission is required. The term is descriptive rather than a single statutory definition; the available remedies depend on the jurisdiction and the nature of the order. England and Wales: governed mainly by CPR Parts 70–73, including writ/warrant of control, third party debt orders, charging orders (and orders for sale), attachment of earnings, possession and delivery up, appointment...

Mainland China (PRC) recognition and enforcement of arbitral awards: statutory framework, New York Convention practice, refusal grounds (public interest), free trade zone reforms, and judicial barriers and trends.

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note examines the recognition and Enforcement of arbitral awards in the People’s Republic of China (PRC; China). Note: Chinese court judgments are not reported by LexisNexis® UK.

Requirement to comply with the arbitral award under Chinese law

Under Chinese law, parties to Arbitration are obliged by the Arbitration Law to carry out the award (Arbitration Law, art 62, Civil Procedure Law, arts 248 (domestic arbitration) and 287 (foreign related arbitration)). Where no time limit is stipulated for Execution, compliance must be immediate (Arbitration Law, arts 57 and 62). If the losing party declines to honour the award, including sums due or the transfer of property, the successful party may apply to the people’s courts for enforcement (Arbitration Law, art 62 and Civil Procedure Law, art 248).

Grounds for refusal of enforcement by Chinese court

An arbitral award is final, and the court lacks jurisdiction to entertain a dispute that has been properly resolved through arbitration (Arbitration Law, art 9). However, under the Civil Procedure Law (domestic) and the Arbitration Law (foreign), the court will not issue a judgment enforcing...

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Jiamu Sun

Loeb & Loeb

Jiamu Sun focuses her practice on representing foreign companies and individuals in cross-border dispute resolution proceedings, white-collar defense proceedings, administrative defense cases, collection and enforcement of secured interest rights, internal ethics investigations, and general commercial litigation. She has particular experience in data privacy and security issues, national security, e-commerce, media law and regulatory compliance. Jiamu often provides legal support for foreign news organizations and journalists in China in security and regulatory matters, as well as defending claims of libel/defamation and invasion of privacy....

James Zimmerman

Loeb & Loeb

James M. Zimmerman is a Beijing-based lawyer and writer who has lived and worked in China for more than twenty-six years. He is among China’s leading foreign lawyers and represents companies and individuals confronted with the political and legal complexities of doing business in Mainland China. He is the former four-term chairman of the American Chamber of Commerce in China. James is the author of the acclaimed book, The Peking Express: The Bandits Who Stole A Train, Stunned the West, and Broke the Republic of China. Released: April 4, 2023. See www.ThePekingExpress.com. Mr. Zimmerman is also the author of The China Law Deskbook, a publication of the American Bar Association (1999-2015). Mr. Zimmerman is a Partner in the Beijing office of the international law firm of Loeb & Loeb LLP....

Web page updated on 21/05/2026

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