CHINESE COURT REFUSES TO RECOGNIZE AND ENFORCE AN ICC ARBITRAL AWARD ON GROUNDS OF PUBLIC POLICY By Christopher Tung, Sacha Cheong and Daniel Shum (Hong Kong) In a recent ruling in China issued by the Taizhou Intermediate People’s Court on 2 June 2016, Taizhou Haopu Investment Co., Ltd v. Wicor Holding AG (Docket No.: [2015] Tai Zhong Shang Zhong Shen Zi, No. 00004), an application brought by Wicor before the Chinese court for recognition and enforcement of an ICC arbitral award made in Hong Kong was refused on the grounds of public policy. BY WAY OF BACKGROUND: • Taizhou Haopu (a Chinese company) and Wicor (a Swiss company) entered into a joint venture contract dated 6 July 1997. The contract contained an arbitration agreement which stipulated that the parties should attempt to settle any disputes through amicable negotiations, failing which the disputes would be subject to arbitration under the ICC Rules. On 4 November 2011, Wicor filed a Request for Arbitration with the ICC regarding a dispute under 50 | K&L Gates: ARBITRATION WORLD the contract. The ICC accepted the case and decided on 20 January 2012 that the place of arbitration be Hong Kong. The ICC rendered its award and addendum on 18 July 2014 and 27 November 2014 respectively. • Meanwhile, on 11 December 2012, another Chinese court (Docket No.: [2012] Su Shang Wai Xia Zhong Zi, No. 0012)—dealing with a different dispute but arising out of the same contract and involving the same parties—issued its ruling declaring the arbitration