Analysis On Case Of Application For Recognition And Enforcement Of Arbitral Awards From BelCCI International Court Of Arbitration By AngFu Chemicals Corporation

With more and more recognition and enforcement of foreign arbitral awards in China, the court encounters a growing number of issues in determining adequate notification question, and the uncertainty in ways of adequate notification is the key issue needed to be solved. In the meanwhile, all kinds of scholars drew a widespread attention to such kinds of cases and conducted their perspective research and analysis on this issue. The advantages and disadvantages of researches and analyses from these scholars make how to identify adequate notification obscure in the judicial practice.Therefore, it is necessary to make further research and analysis to the adequate notification question. Focusing on AngFu Chemicals Case, based on the reflect on identifying standard of adequate notification, the paper attaches a great attention to identifying the adequacy of ways of notification, and to determine whether the ways of notification is adequate or not, the first question to solve is identifying standard, namely the basis to determine ways of adequate notification. On this basis, this paper further makes a comparative analysis of specific ways of the notification, and analyzes whether they are adequate or not one by one. Finally, based on the result of research above, the author makes a analysis and assessment of the identifying standard of adequate notification and adequacy of ways of notification. The paper goes into four parts as follows:Part 1, raising the question. In this part, through the introduction of the typical case about the adequate notification question--AngFu Chemicals Case and the judgment from court on this case, the main legal issue discussed in the essay is drawn forth, namely what the adequate notification question is, how to identify adequate notification question, and further how to identify the adequacy of ways of notification and its different specific appearance.Part 2, analysis on the basis to identify adequate notification. In this part, combined the merits and facts of this case with a analysis and reflect on identifying standard of adequate notification, the author draws a conclusion: the key in identifying adequate notification is to determine the basis to identify whether ways of notification are adequate or not. Therefore, the legal basis and agreed basis by partners are further to be analyzed. After the analysis above, this paper argues that to determine the standard to identify adequacy of ways of notification, first of all, the basis agreed by both parties comes first; secondly, if not agreed, the legal basis shall be applied.Part 3, analysis on the adequacy of ways of notification. The author makes a comparative analysis of specific ways of notification in arbitral rules and civil law of People's Republic of China, and summarizes some basic classification of ways of notification, and then further focus on analyzing the adequacy of notice of publication, e-mail and mailing service. Therefore, the paper argues that under the correct basis above, mailing service in this case is a kind of adequate notification.Part 4, Conclusion. In recent years, there are more and more cases of recognition and enforcement of foreign arbitral awards, therefore, the author argues that in judicial practice,when the court identifies adequate notification, the key is to determine the appropriate basis, namely first of all, the basis agreed by both parties comes first; secondly, if not agreed, the legal basis shall be applied.