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No. 6 of Six Model Cases of Supporting Hong Kong Arbitration Published by the Supreme People's Court: Rationally Interpreting Arbitration Rules and Recognizing and Enforcing an Arbitral Award Made by a Foreign Arbitration Institution in Hong Kong—Case of Application for Recognition and Enforcement of an Arbitral Award Made in Hong Kong Filed by SE Company (Germany) and Others
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最高人民法院发布6件支持香港仲裁典型案例之六：德国SE公司等申请认可和执行香港仲裁裁决案——合理解释仲裁规则 认可和执行外国仲裁机构在港作出的裁决
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【法宝引证码】
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| No. 6 of Six Model Cases of Supporting Hong Kong Arbitration Published by the Supreme People's Court: Rationally Interpreting Arbitration Rules and Recognizing and Enforcing an Arbitral Award Made by a Foreign Arbitration Institution in Hong Kong—Case of Application for Recognition and Enforcement of an Arbitral Award Made in Hong Kong Filed by SE Company (Germany) and Others | | 最高人民法院发布6件支持香港仲裁典型案例之六：德国SE公司等申请认可和执行香港仲裁裁决案——合理解释仲裁规则 认可和执行外国仲裁机构在港作出的裁决 |
| [Basic Facts] | | 【基本案情】 |
| There have been business contacts among SE Company (Germany), SA Company (Germany), Zhuhai [REDACTED] Company, and J Company since 2013. After J Company exchanged and confirmed orders with SE Company by e-mails, J Company signed two purchase agreements with SA Company and Zhuhai [REDACTED] Company respectively. They agreed that any dispute should be submitted to the International Court of Arbitration of the International Chamber of Commerce (ICC) for arbitration in accordance with the ICC Arbitration Rules, with Hong Kong as the place of arbitration. SE Company, SA Company, and Zhuhai [REDACTED] Company applied to the ICC International Court of Arbitration for arbitration on the ground of breach of contract by J Company. The ICC International Court of Arbitration made a final award on September 4, 2020 that J Company should pay Zhuhai [REDACTED] Company the payment for goods of 4,962,980 Euros as well as the loss of profit, damages, late fees, and interest. On January 4, 2021, SE Company applied to the Fourth Intermediate People's Court of Beijing Municipality for recognition and enforcement of the arbitral award. J Company alleged that the arbitral award involved should not be recognized and enforced mainly on the following grounds: the time when Zhuhai [REDACTED] Company submitted the Schedule of Procedure was later than the time as specified by the arbitration tribunal in the Arbitration Procedural Order No. 1, which was the procedural consensus of both parties; the appointment of the president of the arbitral tribunal violated the provisions of Article 12.5 of the ICC Arbitration Rules, which thus fell under the circumstance where the arbitral procedure is inconsistent with the agreement signed by the parties; and the subject matter involved exceeded the prescribed standards of electromagnetic radiation, which endangered the social public security. The enforcement of the award involved would harm the public interests of the Chinese mainland. | | 德国SE公司、德国SA公司、珠海某公司与J公司自2013年起存在业务往来。J公司与德国SE公司以电子邮件交换并确定订单后，J公司分别与德国SA公司、珠海某公司签署了两份采购协议，均约定发生纠纷提交国际商会国际仲裁院适用《ICC仲裁规则》仲裁，仲裁地为香港。德国SE公司、德国SA公司、珠海某公司以J公司违约为由向国际商会国际仲裁院申请仲裁。国际商会国际仲裁院于2020年9月4日作出终局裁决：J公司向珠海某公司支付货款4962980欧元及利润损失、损害赔偿、滞纳金、利息等。德国SE公司等于2021年1月4日向北京市第四中级人民法院申请认可和执行该裁决。J公司主张案涉仲裁裁决不应被认可和执行，主要理由为：珠海某公司提出《程序时间表》晚于仲裁庭《第1号仲裁程序令》规定的时间，而该程序令是双方当事人的程序合意；首席仲裁员选任违反《ICC仲裁规则》第12条第5款规定，故构成仲裁程序与当事人协议不符的情形；案涉标的物电磁辐射超标，危害社会公共安全，执行该裁决将违反内地社会公共利益等。 |
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