From: Reinstein, Ellen S.

To: judgejiang@china.com

Sent: Friday, November 12, 2004 6:17 AM

Subject: Questions about enforcement of arbitration awards

Hello, Judge Jiang.  This is Ellen Reinstein, hopefully you remember me - I spoke with you on the phone about a week ago.  Mo Zhang tried to arrange a meeting, but we were both traveling at the time.  I hope this e-mail finds you well.  I arrived from China and have just adjusted to the jet lag.

I had an opportunity to look at your website, and it is very informative indeed!  Congratulations on such an accomplishment.  If I hear of any colleagues who are studying intellectual property and its application in China, I will definitely refer them to your website.

I have just a few questions related to the enforcement of arbitration awards, and I was hoping you might provide some insight.  I understand you are very busy, please do not feel compelled to provide long answers, but your response would certainly be useful.

1. I am aware that a court in China that refuses to enforce a foreign arbitration award must provide a reason for the refusal to enforce.  (the 1995 Notice requirement)  That case would then be reviewed by a higher court, and this process continues until the case has reached the Supreme People's Court.  Here is my question: Has this process happened?  If so, how often?  What was the result -- did the SPC enforce or refuse to enforce the award?  If you have any examples, or related SPC court decisions, that would be extremely helpful.

2. I am aware that the SPC handed down an interpretation in December 2003 requiring enforcement of all foreign arbitral awards to take place at specific Intermediate Peoples Courts designated by the SPC.  Do you believe this has helped or will help in improving a foreign party's chances of enforcement or in fighting local protectionism?  Do you have any specific examples?

3.  Do judges ever sanction non-compliant parties for not paying a damages award?  Or do judges hold non-compliant parties in contempt?  If so, how successful do you believe this method to be in ensuring the payment of a damages award?  Do you have any examples of this happening?

4. Is there a written ethical standard or code for judges in China?  If so, could I get a copy, or could you refer me to a publication that might have a copy of this?  If there is no written ethical code, do you believe this might be useful?

Thank you so much for your assistance, Judge Jiang.  I am hopeful this exchange of information will be very useful for advancing the economies and the rule of law in both of our countries in the future.  Please let me know if any of my questions are unclear, or if you have any questions or comments for me.

Yours sincerely,

Ellen Reinstein

Dear Ellen Reinstein,

I am so happy to receive your mail again. I am sorry that I wrote you late because of busy and tight schedule. Furthermore my chamber is in charge of handling IP cases. No.4 civil division of the Supreme Court is in charge of the field that you mentioned. I have transferred your questions to Judge Zhang jin xian of No. 4 and would like to give his e-mail address to you then you could discuss these issues with him directly. Perhaps he will answer your question at first.

You could write me again and I enjoy your mail and thinking.

Regards,

Judge jiang zhipei

www.chinaiprlaw.com

Judge zhang's e-mail address: zhangjinxian1955@sina.com