ABSTRACT
This chapter discusses the legal regime applicable for the enforcement of awards from the mainland, Taiwan and Macao and also the issue of application of the sovereign immunity during the enforcement of awards. In order to pave the way for the enforcement of the mainland awards, the Hong Kong Government and the Central Government initiated the discussion pursuant to Article 95 of the Basic Law which provided for the judicial assistance between Hong Kong and the other parts of the mainland of China. FGH, a New York based company, was the beneficiary of two arbitral awards because the original party to the arbitration, Energoinvest, a Yugoslav company, assigned entire benefits of principal and interest payable by the Democratic Republic of Congo (DRC) under the award rendered in Switzerland and Paris. Legal traditions followed by any country may not be indicative of the practice followed by a State in respect of sovereign immunity.
