Provisions on the Registration of Arbitral Awards in the Commercial Arbitration Law

October 21, 2025

1. What Is an Arbitral Award in a Case?

The concept of an arbitral award in a case is provided in Clause 7, Article 3 of the Commercial Arbitration Law:

“An arbitral award in a case is a form of dispute resolution under this Law and in accordance with the procedures and processes agreed upon by the parties.”

Pursuant to Clause 10, Article 3 of the 2010 Commercial Arbitration Law, an arbitral award is defined as:

“An arbitral award is the decision of the Arbitral Tribunal resolving the entire content of the dispute and terminating the arbitral proceedings.”

In essence, an arbitral award in a case is a judicialized decision with finality, produced within a specialized dispute resolution process. It is not merely a conclusion but also the inevitable legal consequence of an arbitral proceeding established on the principles of party autonomy and agreement, which are characteristic features of case-specific arbitration.

2. Regulations on Registration of an Arbitral Award in a Case

Pursuant to Clause 1, Article 62 of the Commercial Arbitration Law, it is stipulated as follows:

“At the request of one or more disputing parties, the award of an arbitral tribunal in a case shall be registered with the Court where the Arbitral Tribunal rendered the award prior to requesting the competent civil judgment enforcement authority to enforce such arbitral award. The registration or non-registration of the arbitral award shall not affect the content or legal validity of the arbitral award.”

Location: The registration of the arbitral award in a case must be conducted at the Court where the Arbitral Tribunal rendered the award, prior to requesting the competent civil judgment enforcement authority to enforce that arbitral award.

Basis for Registration: Registration is carried out at the request of one or all disputing parties who wish to register the arbitral award.

Note, Whether the arbitral award in a case is registered with the Court or not, it does not affect the legal validity of the award issued by the Arbitral Tribunal.

3. Significance of Registering an Arbitral Award in a Case

Pursuant to Clause 2, Article 66 regarding the right to request enforcement of an arbitral award:

“With respect to an award of an arbitral tribunal in a case, the party entitled to enforcement has the right to submit a request to the competent civil judgment enforcement authority for the enforcement of the arbitral award after the award has been registered in accordance with the provisions of Article 62 of this Law.”

Although an arbitral award in a case has res judicata effect between the parties, registration with the Court (pursuant to Clause 1, Article 62) serves as a mandatory procedural step to ensure that the award is formally recognized within the state enforcement system. This constitutes an implicit confirmation of the legality of the arbitral proceedings, laying the groundwork for enforcement.

The core significance of registration is that it constitutes a prerequisite for the civil judgment enforcement authority to have the power to execute the award (Clause 2, Article 66), thereby ensuring the enforceability and coercive effect of the award in practice. Without this registration procedure, an arbitral award, although binding, would be deprived of access to state enforcement measures, placing the rights of the prevailing party at risk of being unprotected.

4. Dossier and Procedure for Registering an Arbitral Award in a Case

The documents required for registering an arbitral award in a case are stipulated in Clause 2, Article 62 of the Commercial Arbitration Law:

“Within a period of one year from the date of issuance of the arbitral award, the party requesting registration of the arbitral award in a case shall submit an application for registration to the competent Court as specified in Clause 1 of this Article, accompanied by the original or a certified copy of the following documents:
a) The arbitral award issued by the arbitral tribunal in a case;
b) Minutes of the dispute resolution sessions of the arbitral tribunal in a case, if any;
c) The original or a certified copy of the arbitration agreement duly authenticated.

The requesting party shall be responsible for the authenticity of the documents submitted to the Court.”

The one – year time limit is intended to encourage the party entitled to enforcement to actively and promptly carry out the necessary procedures to transform the arbitral award in a case into an enforceable obligation through the civil judgment enforcement authority. This prevents the award from remaining “suspended” indefinitely, which could adversely affect the stability of commercial relationships and diminish the practical enforceability of the arbitral case mechanism.

5. Regulations on the Contents of Registration of an Arbitral Award

Clause 4, Article 62 of the Commercial Arbitration Law stipulates the contents of registration of an arbitral award as follows:

“Contents of registration of an arbitral award:
a) The date and location of the registration;
b) The name of the Court conducting the registration;
c) The name and address of the party requesting the registration;
d) The arbitral award being registered;
đ) The signature of the authorized person and the seal of the Court.”

6. Mechanisms for Resolving Disputes through the Bigboss International Arbitration Center (BBIAC)

To resolve a dispute through commercial arbitration at BBIAC, clients may insert one of the following two clauses into their contracts:

6.1. Model Arbitration Clause

Additionally, the parties may supplement the clause with:

(a) The number of arbitrators shall be [one or three].

(b) The seat of arbitration shall be [city and/or country].

(c) The governing law of the contract shall be [ ].*

(d) The language of the arbitration shall be [ ].**

Notes:

* Applicable only to disputes involving a foreign element.

** Applicable only to disputes involving a foreign element or disputes where at least one party is an enterprise with foreign invested capital.

6.2. Model Arbitration Clause Applicable to Expedited Procedure

“Any dispute arising out of or in connection with this contract shall be settled by arbitration at the BIGBOSS International Commercial Arbitration Center (BBIAC) in accordance with the Arbitration Rules of Procedure of this Center. The Parties agree that the arbitration proceedings shall be conducted under the Expedited Procedure stipulated in Article 37 of the BBIAC Arbitration Rules of Procedure.”

Additionally, the parties may supplement the clause with:

(a) The seat of arbitration shall be [city and/or country].

(b) The governing law of the contract shall be [ ].*

(c) The language of the arbitration shall be [ ].**

Notes:

* Applicable only to disputes involving a foreign element.

** Applicable only to disputes involving a foreign element or disputes where at least one party is an enterprise with foreign invested capital.

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