Good news from Zhiheng | Lawyer Xie Juan represents China's arbitration award recognized by the Polish Court of Appeal
On April 15, 2026, the Court of Appeal in Katowice, Poland, issued a decision formally recognizing an international commercial arbitration award rendered by the Beijing Arbitration Commission on August 22, 2023. The ruling pertains to a dispute over an import contract between China’s Shandong K Company and Poland’s F Company, arising fromAttorney Xie Juan of Guangdong
is representing a client in the recognition and enforcement proceedings in Poland.。
This is one of the typical cases in recent years in which a Chinese arbitration award has been granted judicial recognition in Poland.。
Basic Facts of the Case
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Shandong K Company of China and Polish F Company entered into an import contract through intermediary L, under which Shandong K Company agreed to purchase machining center equipment from Polish F Company. Following the signing of the contract, Shandong K Company paid a prepayment. During the performance of the contract, due to issues with the bank account designated for receiving payments, Company K ultimately remitted the advance payment to a third-party bank account that did not belong to Polish Company F.
Upon learning of the situation, Polish company F filed a police report locally, alleging that its email inbox had been hacked, and subsequently canceled the shipment. Subsequently, Shandong Company K, pursuant to the arbitration clause in the contract, filed an arbitration request with the Beijing Arbitration Commission, seeking rescission of the contract, return of the advance payment, and payment of liquidated damages. Polish company F, in turn, filed a counterclaim seeking rescission of the contract, compensation from company K for demurrage charges and other losses, as well as reimbursement of legal fees.
The Beijing Arbitration Commission accepted this case on April 11, 2022. After going through procedures such as service of process abroad and the acceptance of a counterclaim, it rendered an award on August 22, 2023.
Extraterritorial Recognition and Enforcement Proceedings
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After the ruling takes effect,Attorney Xie Juan has been entrusted to initiate the recognition and enforcement proceedings in Poland.. On May 28, 2025, the team formally submitted an application to the Court of Appeal in Katowice, Poland, requesting that the arbitral award rendered by the Beijing Arbitration Commission be recognized and enforced pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention).
Polish Company F filed an objection with the court, arguing that the Chinese arbitration institution lacks jurisdiction, that the arbitral award conflicts with Poland’s public interest and should not be enforced in Poland, and that the case involves criminal elements, so the perpetrator of the criminal offense, rather than the company, should bear the corresponding liability for compensation.
Xie Juan’s Legal TeamIn the written rebuttal submitted to the Polish court in response to the objections raised by Polish company F, relevant provisions of the Polish Civil Procedure Code were cited, and a substantial body of case law from the Polish Supreme Court was analyzed and compared. A detailed examination was conducted to demonstrate the legal grounds and basis upon which the arbitral award in this case should be recognized in Poland.
After nearly 11 months of review, the Katowice Court of Appeal held a hearing on April 9, 2026, during which both parties engaged in heated debate over the key issues in dispute. On April 15, the Court of Appeal in Katowice, Poland, issued a decision formally recognizing the legal validity of the arbitral award within Polish territory.
The court held that, in the proceedings for the recognition and enforcement of a foreign arbitral award, the review of jurisdictional issues is limited to a formal examination and may not be used to re‑litigate the merits of the case. Furthermore, the recognition of the award does not violate the fundamental principles of the Polish legal order. At this point, Shandong Company K has obtained the legal basis for pursuing enforcement in Poland.
The profound significance of the recognition of arbitral awards abroad
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The recognition of an arbitral award in a foreign jurisdiction represents far more than merely winning a single case; it carries multiple layers of symbolic significance and practical value in the realms of the international rule of law, economic and trade cooperation, and mutual judicial trust.
First, it underscores the authority and mobility of international commercial arbitration under the framework of the New York Convention.
The New York Convention currently has over 170 contracting states and is hailed as the “Magna Carta” of international commercial arbitration. The recognition of a Chinese arbitral award in Poland once again demonstrates that, as long as the arbitration proceedings are fair and the award complies with formal requirements, an arbitral award rendered in one country can transcend jurisdictional barriers and receive equal treatment in foreign courts.
This has significantly reduced the uncertainty associated with cross-border dispute resolution and bolstered the confidence of market participants in choosing arbitration as a means of resolving disputes. Poland signed the New York Convention on June 10, 1958, and formally ratified it on October 3, 1961; the Convention entered into force for Poland on January 1, 1962.
Second, enhance the international credibility and soft power of Chinese arbitration institutions.
The recognition of the Beijing Arbitration Commission’s award by the Polish Court of Appeal signifies that the quality of proceedings, procedural fairness, and reasoning in awards rendered by Chinese arbitration institutions have withstood the scrutiny of foreign judicial review. This will have a positive demonstration effect in promoting China’s development as an international commercial arbitration hub and attracting more multinational enterprises to choose Chinese arbitration institutions.
Third, providing legal safeguards for the Belt and Road Initiative and China–Europe economic and trade cooperation.
As Chinese enterprises accelerate their “going global” strategy, cross-border investment and trade disputes have become inevitable. The recognition and enforcement of arbitral awards in countries along the Belt and Road, such as Poland, effectively provides Chinese and foreign enterprises with a predictable and efficient avenue for seeking redress of their rights. This is not only about safeguarding commercial interests, but also a reflection of the mutual trust in the rule of law between China and the Central and Eastern European countries, which helps foster a more stable, transparent, and predictable international business environment.
Fourth, reduce the costs of secondary litigation and promote the global optimal allocation of judicial resources.
If a foreign court refuses to recognize an arbitral award, the parties are often compelled to file a new lawsuit in that country, which is time-consuming, laborious, and yields uncertain outcomes. Recognizing the award entails directly extending the arbitral tribunal’s decision to jurisdictions beyond its own, thereby avoiding redundant proceedings and demonstrating the international community’s respect for party autonomy and the efficiency of dispute resolution.
Fifth, it demonstrates that the spirit of the rule of law possesses universal value that transcends national borders.
The recognition decision rendered by the Court of Appeal in Katowice, Poland, was made on the basis of due respect for both the facts and the law. It conveys to the world that, despite differences in national legal systems and cultural traditions, procedural justice, the spirit of contract, and the finality of judicial decisions are foundational principles of the rule of law that can command cross-cultural acceptance. Each instance of successful extraterritorial recognition serves to strengthen the international rule of law.
Looking ahead, as China further refines its legal framework for foreign-related matters and strengthens international arbitration cooperation, we have every reason to believe that an increasing number of Chinese arbitral awards will be recognized and enforced worldwide, thereby contributing Chinese wisdom and Chinese solutions to the establishment of a fair and efficient new order for the resolution of international commercial disputes.
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Introduction
Xie Juan
Member of the Management Committee of
Senior Partner at
Director of the All-China Foreign-Related Practice Committee of Zhiheng
Director of the Center for Foreign-Related Legal Affairs, Zhiheng Headquarters
Foreign lawyer registered in England and Wales, United Kingdom
National Leading Talents in Foreign-related Legal Practice
The first batch of leading foreign-related lawyers in Guangdong Province
Leading Talents in Foreign-related Legal Practice in Shenzhen
Top 15 Foreign-related Legal Service Lawyers in the Greater Bay Area by LegalOne
Professional field:Corporate commercial dispute resolution, cross-border investment and M&A, and international legal matters
Attorney Xie Juan has been practicing law since 2006. She currently serves as an independent director of a Chinese main-board listed company, a legal advisor to the People’s Government of Futian District, Shenzhen (in the area of foreign-related matters), a legal expert for major administrative decision-making of the People’s Government of Futian District, Shenzhen, the Deputy Director of the Cross-Strait Legal Research Center of the Guangdong Lawyers Association, and a member of the Cross-Border Dispute Resolution Professional Committee of the Guangdong Lawyers Association, among other positions.
Attorney Xie has previously appeared in the High Court of Hong Kong as an expert witness on Chinese law, participating in the trial of a dispute over the transfer of equity interests in a Hong Kong company. Currently serves as an arbitrator at multiple domestic arbitration commissions and as a mediator with commercial mediation organizations.
Attorney Xie’s professional experience and representative cases have been included in the book “Outstanding Foreign-Related Lawyers of Guangdong,” published by Hong Kong Wenhui Press. In 2019, Attorney Xie was selected for the cross-border legal exchange program jointly organized by the Guangdong Lawyers Association and the Law Society of Singapore, and undertook a short-term internship and exchange at a law firm in Singapore.
Attorney Xie’s cross-border case was selected for inclusion in the “Compilation of Typical Cases of Foreign-related Legal Services in Guangdong Province (2014–2018).” The China–Hong Kong cross-border M&A matter he handled was awarded third prize in the “Outstanding Legal Service Cases in the Guangdong–Hong Kong–Macao Greater Bay Area (2019–2022)” competition. Furthermore, the U.S. supply-chain case involving Xinjiang that he represented was recognized as a “2023 Outstanding Foreign-related Legal Service Case” by Futian District, Shenzhen. Additionally, the cases involving a Chinese enterprise’s response to being placed on the U.S. SDN List and a cross-border M&A transaction between mainland China and Hong Kong were both named “2024 Practice Cases of Legal Services Going Global” by Xinhuanet and China University of Political Science and Law.The “Specialized Legal Services on Shareholder Disputes Involving German Listed Companies and Their Affiliated Entities in Mainland China and Hong Kong” undertaken by the firm was recognized as an “Outstanding Legal Service Case of Futian District, Shenzhen for the 2024–2025 Period.”
Attorney Xie and his team have handled numerous investment projects involving European and American companies in China, outbound investment projects by Chinese enterprises, and cross-border M&A transactions. They also provide compliance training and specialized advisory services to companies in China’s internet, electronics, manufacturing, and high-tech sectors on their cross-border operations.