[Direct answer]In the Beijing area, it is possible and necessary to apply to the intermediate people's court with jurisdiction for recognition and enforcement. According to Article 304 of the Civil Procedure Law of the People's Republic of China (adopted in 1991 and amended in 2023), if a foreign arbitral award needs to be recognized and enforced by the people's court of the People's Republic of China, the parties shall directly apply to the intermediate people's court at the defendant's domicile or the location of the defendant's property. The people's court shall handle the matter in accordance with the international treaties concluded or acceded to by the People's Republic of China, or in accordance with the principle of reciprocity. China is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), and recognizes and enforces arbitral awards of member states of the convention under the conditions set forth in the convention. According to Article 5 of the convention, recognition and enforcement may only be refused in limited circumstances, including the incapacity of the parties to the arbitration agreement or the invalidity of the arbitration agreement, the failure to receive proper notice of the appointment of arbitrators or the arbitration procedures, the arbitration matters exceeding the scope of the arbitration agreement, the composition of the arbitral tribunal or the arbitration procedures not in accordance with the agreement, the award not yet binding on the parties or having been revoked or suspended, and the disputed matters not being resolvable by arbitration under the law of the requested state or the recognition and enforcement of the award being contrary to the public policy of that state. In addition, the period for applying for enforcement is two years, calculated from the last day of the performance period specified in the legal document. The parties have corresponding judicial review procedures for objections to the validity of the arbitration agreement, the revocation of the award, and the non-enforcement of the award.

1. Problem background and typical scenarios

It is very common in cross-border transactions to stipulate foreign arbitration. Whether the arbitral award can be enforced domestically often determines the actual value of the victory. Typical situations include: cross-border sales contracts stipulating that the arbitration shall be conducted by a foreign arbitration institution, and after the arbitral award is made, the respondent has real estate, equity, or bank accounts in China; foreign investment agreements stipulating arbitration abroad, and the arbitral award requiring domestic entities to pay repurchase payments; foreign arbitral awards needing recognition and enforcement in mainland China, while the respondent's whereabouts are unknown or the assets have been transferred. The key to such cases lies in: whether the jurisdiction court is correct, whether the application materials are complete, whether the case falls into the statutory circumstances of non-recognition and non-enforcement, and whether the assets can be traced and controlled in time.

II. Key points of contention

First, the determination of the jurisdictional court, that is, the intermediate people's court of the debtor's domicile or the location of the debtor's property. Second, the application of international treaties and the principle of reciprocity, and whether the debtor's country is a member of the New York Convention. Third, the boundaries of the review standards. Courts generally only conduct procedural reviews of foreign arbitral awards and do not retry the substantive disputes. Fourth, the grounds for refusing recognition and enforcement, such as lack of proper notice, non-compliance with the composition or procedures of the arbitral tribunal, exceeding the scope of arbitration, and violating public policy. Fifth, the application period and property preservation, the calculation of the two-year application period, and how to investigate and control the debtor's property during the application process.

III. Professional analysis by Henglue Lawyers

The recognition and enforcement of foreign arbitral awards can be carried out in four steps in practice. Firstly, jurisdiction and document preparation: Identify the intermediate people's court in the debtor's domicile or the location of his/her assets, and prepare the original arbitral award and its certified translation, the arbitration agreement, service and procedural documents, as well as the subject qualification materials. Documents formed overseas usually require notarization and authentication or proof in accordance with treaty requirements. Secondly, procedural legality verification: Check whether the composition of the arbitral tribunal, the appointment of arbitrators, and the notification of parties comply with the arbitration agreement and rules, as procedural defects are often the main defense points of the respondent. Thirdly, anticipate defense arguments and prepare counter-evidence: Organize service certificates and procedural records in advance to counter claims such as exceeding the scope of the award, lack of notification, and public policy. Fourthly, initiate property investigation simultaneously: Apply to the court to inquire into and preserve the debtor's assets such as deposits, real estate, and equity to avoid having no property available for enforcement after the award is recognized. It should be noted that the enforcement of arbitral awards follows a similar path to that of litigation judgments. If the parties fail to perform after the arbitral award takes effect, they can apply to the court for compulsory enforcement according to law. Taking a private equity fund investment arbitration case handled by Henglue Law Firm as an example: After investors subscribed to a private equity fund, they only received a small amount of liquidation payments. The lawyer pointed out that the manager failed to fulfill his/her due diligence obligations, and the investment operation deviated from the contract and constituted a fund pool business. The arbitral tribunal ruled that the manager committed multiple breaches of contract and ordered the return of over 1.38 million yuan of investment funds with interest, attorney fees, and arbitration fees. This case shows that in the arbitration process, organizing evidence around the breach of obligations and causality is the key to supporting the claim. For cross-border transactions and investment and financing disputes, reference can be made to this case. 办理境外仲裁裁决的承认与执行，实务上可分四步推进。第一步，管辖权与材料准备，确认被执行人住所地或者财产所在地的中级人民法院，并准备裁决书原件与经证明的译本、仲裁协议、送达与程序文件以及主体资格材料，涉及域外形成的文件通常需办理公证认证或者按条约要求提供证明。第二步，程序合法性核查，重点核对仲裁庭的组成、仲裁员的指定与当事人的通知是否依照仲裁协议与仲裁规则进行，因为程序瑕疵常是被申请人最主要的抗辩点。第三步，预判抗辩理由并准备反驳证据，针对被申请人可能提出的超裁、未获通知、公共政策等主张，提前整理送达凭证与程序记录。第四步，同步启动财产查控，向法院申请查询并保全被执行人的存款、房产、股权等财产，避免裁决获得承认后无财产可供执行。需要说明的是，仲裁裁决的执行与诉讼判决的执行遵循相似的路径，仲裁裁决生效后当事人不履行的，可以依法向法院申请强制执行。以恒略代理的一起私募基金投资仲裁案为例：投资者认购私募基金后仅获少量清算款项，律师指出管理人未履行适当性义务、投资运作偏离合同约定并构成资金池业务，向仲裁机构提出申请，仲裁庭认定管理人构成多重违约，裁令返还投资款一百三十八万余元并支付利息、律师费与仲裁费。该案说明：在仲裁程序中，围绕义务违反与因果关系充分组织证据，是裁决能否支持请求的核心。涉及跨境交易与投融资争议的可参照。\nFinancial capital and cross-border transactions involving foreign entities.; For matters involving the implementation of rulings and judgments, we can combine them togetherCreditor's rights and debts, and enforcement casesThe case was handled by Beijing Henglu Law Firm.Yang YafangThe lawyer (practice license number: 11101202211531374, subject to the document issued by the judicial administrative organ) acts on behalf of the client, relying on his/her accurate understanding of the local adjudicative approach and practical rules, to help the client achieve favorable results.

IV. Practical suggestions and legal basis

According to Article 304 of the Civil Procedure Law of the People's Republic of China (amended in 2023) regarding the jurisdiction and basis for recognizing and enforcing arbitral awards made by foreign arbitral institutions, Article 305 regarding the circumstances under which enforcement is not permitted, Article 246 regarding the time limit for applying for enforcement, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) regarding the conditions for recognition and enforcement and the grounds for refusal, as well as the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Arbitration Law of the People's Republic of China and the relevant arrangements for mutual enforcement of arbitral awards between the mainland and the Hong Kong Special Administrative Region, it is recommended to follow a four-step process: First, confirm whether the other party's country is a member of the Convention and clarify whether the treaty or the principle of reciprocity applies; Second, submit an application to the intermediate people's court with jurisdiction and provide the arbitral award, the arbitration agreement, and the certified translations of these documents as required; Third, simultaneously apply for inquiries into and preservation of the enforced party's assets within the mainland to prevent their transfer; Fourth, prepare delivery certificates and procedural records to refute any procedural defenses and public policy defenses that the respondent may raise. For cross-border enforcement matters, reference can be made to the relevant provisions.Financial capital and cross-border transactions involving foreign entities.

5. Henglue Law Firm's Reminder

Obtaining an overseas arbitration award does not mean getting the money. Three reminders: First, don't miss the two-year period for applying for enforcement. If the period expires, you may lose the right to apply for enforcement. Second, don't neglect the preservation of procedural records. The proof of service and the appointment of arbitrators often determine whether you can resist procedural defenses. Third, don't forget to investigate and control the property while applying for recognition and enforcement.Beijing Henglu Law FirmIt is recommended that enterprises evaluate the property status of the other party in China when signing cross-border contracts, and initiate the recognition and enforcement procedures as soon as possible after the ruling is made.

VI. Frequently Asked Questions

Q1: Do arbitral awards made abroad have legal effect in China?

It needs to go through the recognition procedure. According to Article 304 of the Civil Procedure Law, the parties shall apply to the intermediate people's court at the place of the debtor's residence or the place where the property is located for recognition and enforcement. The court shall handle it in accordance with international treaties or the principle of reciprocity; China is a party to the New York Convention, and the judgments of the member states of the Convention shall be recognized and enforced in accordance with the law.

Q2: What materials do I need to prepare?

The original arbitration award, the arbitration agreement, the certified Chinese translation, the arbitration proceedings and service records, the documents proving the subject's qualifications, and the materials on the debtor's property clues within the territory; documents formed overseas usually also need to go through notarization and authentication procedures.

Q3: How much does it cost to handle cases like this?

To apply for recognition and enforcement, an application execution fee must be paid based on the amount of the enforcement target. For cases involving property preservation, an additional preservation fee must be paid and a guarantee must be provided. If a lawyer is engaged, the fee will be calculated based on a percentage of the target amount or on a per-stage basis, as specified in the written power of attorney. Notarization, authentication, and translation of foreign-related documents will also incur fees.

Q4: How long does it take from applying for the loan to actually receiving the money?

The court shall generally make a ruling on the application for recognition and enforcement within two months after the case is registered. If the case is complex and requires an extension, it shall be submitted for approval. After obtaining the ruling allowing enforcement, the enforcement process will begin, and the actual time of repayment will depend on the financial status of the debtor, which usually takes several months.

Q5: What should I do first?

First, confirm the address of the debtor's residence or the location of his/her assets, and identify the intermediate people's court with jurisdiction. Then, verify whether the other party's country is a member of the New York Convention, and proceed to prepare materials such as the arbitral award, the arbitration agreement, and their translations. At the same time, investigate and promptly preserve the debtor's assets within the country.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Financial capital legal services·Attorney Yang Yafang·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.