家有购物集团股份有限公司 v. 株式会社现代家庭购物 (Hyundai Home Shopping Network Corporation)

At a glance

Parties

家有购物集团股份有限公司 (Jiayou Shopping Group Co., Ltd., China), appellant and respondent in the recognition proceedings, v. 株式会社现代家庭购物 (Hyundai Home Shopping Network Corporation) and 株式会社现代 GreenFood (Hyundai GreenFood Co., Ltd.) (Korea), applicants

Case no.

(2019)京民辖终98号

Court

北京市高级人民法院 (Beijing High People's Court), on appeal from the Beijing Fourth Intermediate People's Court, (2018)京04协外认35号

Underlying award(s)

Singapore International Arbitration Centre award No. 117/16 of 2018

Treaty

New York Convention 1958

Court

Judges 唐亮 (presiding), 张华, 张爽

Sector

Home shopping; retail

Outcome

Appeal dismissed (14 June 2019). The Beijing Fourth Intermediate People's Court has jurisdiction over the application to recognise and enforce the SIAC award.

Amount

Court fee of RMB 70, borne by the appellant.

The dispute

Hyundai Home Shopping Network Corporation and Hyundai GreenFood Co., Ltd., two Korean companies, applied to the Beijing Fourth Intermediate People's Court to recognise and enforce a Singapore International Arbitration Centre award (No. 117/16 of 2018) against Jiayou Shopping Group. Jiayou objected to the court's jurisdiction. The Intermediate Court rejected the objection, and Jiayou appealed. Jiayou argued that its principal office is in Guiyang, Guizhou Province. On that basis it said that Article 3 of the Supreme People's Court's Notice on implementing the New York Convention required the case to go to the Guiyang Intermediate People's Court. The Hyundai companies replied that Jiayou's principal office and its property are in Chaoyang District, Beijing. They relied on Jiayou's website, the SIAC award and company registry records.

Key holdings

1. Under Article 283 of the Civil Procedure Law, an application to recognise and enforce a foreign arbitral award goes to the intermediate people's court where the party against whom enforcement is sought is domiciled or has property. p. 2
2. The national enterprise credit information system showed that Jiayou is a corporate shareholder of several companies domiciled in Chaoyang District, Beijing. Chaoyang District is therefore a place where Jiayou has property. pp. 2–3
3. Article 1(4) of the Beijing High People's Court rules on the jurisdiction of the Beijing Fourth Intermediate People's Court gives that court the cases on recognition and enforcement of foreign arbitral awards that belong to Beijing courts. As the intermediate court where Jiayou's property is located, it has jurisdiction. Jiayou's request to transfer the case to Guiyang has no factual or legal basis. p. 3
4. Appeal dismissed and first-instance ruling upheld. The court fee of RMB 70 is borne by Jiayou. The ruling is final. p. 3

Procedural history

1. 2018SIAC issues award No. 117/16 of 2018.
2. The Hyundai companies apply to the Beijing Fourth Intermediate People's Court for recognition and enforcement. The court rejects Jiayou's jurisdictional objection in ruling (2018)京04协外认35号, and Jiayou appeals.
3. 14 June 2019The Beijing High People's Court dismisses the appeal and upholds the first-instance ruling on jurisdiction.

Tribunal, counsel and experts

For the claimant

北京德和衡律师事务所

For the respondent

上海市方达（北京）律师事务所

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Keywords

• New York Convention
• recognition and enforcement
• foreign arbitral award
• SIAC
• jurisdictional objection
• place of property
• Article 283 Civil Procedure Law
• Beijing Fourth Intermediate People's Court
• Hyundai GreenFood
• Hyundai Home Shopping
• Jiayou
• home shopping
• China
• Korea
• transfer of case

Summary generated with AI from the published documents — refer to the award for the authoritative text.