问题1 Question 1
您是否了解《纽约公约》关于仲裁裁决承认和执行的相关规定? Do you know the relevant provisions of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards?
YES
NO
问题2 Question 2
请问您参与过的国际仲裁案件有多少起? How many international arbitration cases have you participated in?
问题3 Question 3
在您参与过的国际仲裁案件中,您具体参与的身份是? Which role did you play in the international arbitration cases that you participated in?
当事人 The disputing party
代理人 The counsel
仲裁员 The arbitrator
其他 Other
问题4 Question 4
如果您曾以代理人和仲裁员两种身份参与过国际仲裁案件,以每种身份参与的案件有多少起? If you participated in international arbitration cases as a counsel or an arbitrator, how many cases did you participate in respectively?
代理人身份 The counsel
仲裁员身份 The arbitrator
问题5 Question 5
在您以代理人身份参与的国际仲裁案件结束后,您是否继续参与过后续的仲裁裁决的承认与执行程序(含与执行地所在司法区域律师合作的情形)? After the conclusion of the international arbitration cases which you participated in as a counsel, have you ever continued with subsequent procedures for recognition and enforcement of the arbitral awards (including cooperation with lawyers in the jurisdiction for enforcement)? How many? In which jurisdiction?
YES
NO
问题6 Question 6
您是否有过未代理国际仲裁程序但参与过后续的仲裁裁决承认与执行程序的案件? Have you ever participated in any subsequent procedures for recognition and enforcement of arbitral awards without having acted as a counsel for the initial international arbitration proceedings?
YES
NO
问题7 Question 7
在您以代理人身份参与的国际仲裁案件中,您后续参与的仲裁裁决的承认和执行程序,依据《纽约公约》承认和执行的,有多少件? In the subsequent procedures for the recognition and enforcement of an arbitral award which you participated as a counsel in the international arbitration, how many cases were recognized and enforced under the New York Convention?
依据仲裁地所在司法区域的仲裁法执行的,有多少件? How many cases were recognized and enforced pursuant to the arbitration law in the seat of arbitration?
依据《内地与香港相互执行仲裁裁决的安排》进行的认可和执行的,有多少件? How many cases were recognized and enforced under the Arrangements for Mutual Enforcement of Arbitral Awards Between the Mainland and the Hong Kong SAR?
问题8 Question 8
如果您曾以仲裁员身份审理过仲裁案件,是否了解后续的裁决承认和执行程序? If you have acted as an arbitrator in an arbitration case, do you know the subsequent procedures for recognition and enforcement of the award?
YES
NO
问题9 Question 9
您作为代理人或仲裁员参与的承认和执行国际仲裁案件中依据《纽约公约》承认和执行的案件中,最后得到承认和/或执行的有多少件? Among the international arbitration cases in which you participated as a counsel or an arbitrator, how many were recognized and enforced under the New York Convention?
最后未得到承认和/或执行的有多少件? How many cases were not recognized and/or enforced under the New York Convention?
这些案件涉及的类型和裁决金额是什么? What were the types of cases involved and the amounts of the awards?
问题10 Question 10
您作为代理人或仲裁员参与的承认和执行国际仲裁案件中依据《纽约公约》承认和执行的案件中,从向法院提交申请到法院作出裁定的平均时间为多久? Among the international arbitration cases in which you participated as a counsel or an arbitrator, and which were recognized and enforced under the New York Convention, how long was the average time from filing the application to receiving the court decision?
从向法院提交申请到执行到(或执行完毕)具体财产的时间为多久? How long did it take from filing the application to enforcing the specific property (or to the end of enforcement)?
问题11 Question 11
您作为代理人或仲裁员参与的国际仲裁案件依据《纽约公约》未得到承认和执行的案件,法院不予承认和执行的具体依据是什么(是《纽约公约》第五条中所列的哪种情形)? In the cases that you participated as a counsel or an arbitrator, and which were not recognized and enforced under the New York Convention, what were the specific grounds for the court's denial of recognition and enforcement?
仲裁协议无效; Invalid arbitration agreement;
被申请人没有得到关于指定仲裁员或进行仲裁程序的适当通知,或者由于其他原因而不能对案件提出意见; The respondent was not duly notified of the appointment of an arbitrator or of the arbitration proceedings or was unable to give an opinion on the case for other reasons;
裁决的事项超出仲裁协议所规定的范围; The matters decided were beyond the scope of the arbitration agreement;
仲裁庭的组成不符合当事人的约定或仲裁地国家法律的规定; The composition of the arbitral tribunal did not conform to the agreement of the parties or the provisions of the national law of the place of arbitration;
仲裁裁决已被仲裁地国家的法院撤销或停止执行; The arbitral award was annulled or denied enforcement by the court of the country where the arbitration took place;
争议事项不具备可仲裁性; The dispute was not arbitrable;
承认或执行违反公共政策。 Recognition or enforcement violated public policy.
问题12 Question 12
如果案件因仲裁协议无效而未得到承认和执行,仲裁协议的约定是什么?违反了哪一国家的准据法?准据法的具体规定是什么? If the case was not recognized and enforced on the ground that the arbitration agreement was invalid, what were the provisions of the arbitration agreement? Which country's applicable law was violated? What were the specific provisions of the applicable law?
问题13 Question 13
如果法院以承认或执行国际仲裁裁决违反公共政策为由不予承认和/或执行的案件,具体违反的公共政策是什么? If the court refused to recognize and/or enforce an award on the ground that recognition and/or enforcement of that award would constitute a violation of public policy, what was the specific public policy invoked?
问题14 Question 14
在申请承认和/或执行案件中,受理申请的所在司法区域的法律是否有《纽约公约》之外的特殊要求? In cases of application for recognition and/or enforcement, did the laws of the jurisdiction in which the application was filed have special requirements in addition to the New York Convention?
YES
NO
问题15 Question 15
仲裁裁决承认和执行时,仲裁庭/仲裁机构是否提供了相关协助? Did the arbitral tribunal/arbitration institution provide relevant assistance in the recognition and enforcement of the arbitral award?
YES
NO
问题16 Question 16
前述涉及的仲裁裁决,临时仲裁裁决有多少件? How many of these arbitral awards were rendered under ad hoc arbitration?
机构仲裁裁决有多少件? How many of the arbitral awards were rendered under institutional arbitration?
如果是机构仲裁裁决,具体涉及到哪些机构? If the award was rendered under institutional arbitration, which institution was involved?
问题17 Question 17
如果涉及的机构仲裁裁决是贸仲委仲裁裁决,贸仲委在协助当事人在境外承认和执行案件中提供了哪些协助?还需要做出哪些方面的改进? If the arbitral award was rendered by CIETAC, what assistance did CIETAC provide in assisting the parties to recognize and enforce the cases abroad? What improvements need to be made?
您的案件是否保密?案件的具体信息,是否方便披露?如果方便披露,请留下通讯方式,以便我们在需要时联系您? Is your case confidential? Is it possible to disclose the specific information of the case? If disclosure is possible, please leave your contact information so that we can contact you if needed.
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