Beijing Higher People’s Court:

We have received your Request for Instructions regarding the Application of Boertong for Recognition and Enforcement of a Foreign Arbitral Award with your reference number “[2006] No. 323”. On deliberation of the case, this Court hereby replies as follows:

According to the facts based on your discovery, the notice of arbitration proceedings and the copy of the arbitral award No. 05113-0010, issued by the Korean Commercial Arbitration Board (“KCAB”), were sent to the registered address of the Respondent through mail. The Treaty between the People’s Republic of China and the Republic of Korea on the Judicial Assistance in Civil and Commercial Affairs, and the Hague Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil and Commerce shall not apply to the delivery of notices in arbitration. Rather, the propriety of the delivery shall be subject to the arbitration rules. The Respondent failed to support its statement that the delivery of the notices was in violation of the arbitration rule. The Respondent’s failure to receive the notices should be attributable to the Respondent since it changed its address without notifying the arbitration institution. The situation should be not deemed in accordance with the circumstance under Subparagraph b Section 1, Article V of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The application should not be dismissed in accordance with Subparagraph b Section 1, Article V of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. If no further circumstances for non-recognition and enforcement were found, the KCAB Award No. 05113-0010 should be recognized and enforced.