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　　2. Elaborating on the issue of public interests, the present case is of considerable reference value.  Public interests, which concern the interests of the entire community, should be enjoyed by the general public and are essential for the development and survival of the society as a whole, thus having a public and social nature and are different from the interests of the contract parties. The arbitration involved in this case dealt with a contractual dispute between civil subjects of equal status. The outcome would only affect the contract parties and have nothing to do with public interests. Although part of the assets of the respondent, Guoan, were state-owned, it did not follow that all matters relating to those assets should be deemed as public interests.

　　CASE No.4：  Applicant Raffles International Limited Application for the Enforcement of a Hong Kong International Arbitration Centre Arbitral Award by Applicant Raffles International Limited

　　(2016) Jin 01 Ren Gang no.1

　　I.Basic facts

　　On 15 January 2007, Raffles International Limited（hereinafter “Raffles”）and Haihang Tianjin Center Development Co., Ltd.（hereinafter “Haihang”）entered into a Licence Agreement on the use of logo “Raffles” and trade mark “Raffles”. On the same day, Raffles Hotel Management (Beijing) Company Limited (a connected company of the Raffles conglomerate) (hereinafter “Raffles -Beijing”and Haihang entered into a Hotel Management Agreement on the collaboration on hotel management and operation. The Licence Agreement provides that any disputes, issues or controversies arising from or in connection with the contract shall be submitted to arbitration before the Hong Kong International Arbitration Centre (hereinafter"HKIAC") for final resolution pursuant to the arbitration rules valid at the time of making the application for arbitration. The seat of the arbitration is Hong Kong SAR. The Licence Agreement also provides that, if the Hotel Management Agreement or any other transaction agreements are terminated for any reasons, the Licence Agreement shall be terminated immediately. The Hotel Management Agreement stipulates that relevant disputes shall be submitted to arbitration before the China International Economic and Trade Arbitration Commission Shanghai Sub-Commission (hereinafter “CIETAC Shanghai”).

　　On 20 January 2012, Raffles applied to HKIAC for arbitration of the disputes relating to the Licence Agreement. On 29 January 2012, Raffles -Beijing applied to CIETAC Shanghai for arbitration of disputes relating to the Hotel Management Agreement. Thereafter, the HKIAC made an award (Case No.: HKIAC/A12016) ordering that Haihang pay Raffles the corresponding sum with interest. Raffles applied to The First Intermediate People’s Court of Tianjin for enforcement of the award. Haihang, the Respondent, resisted the enforcement on the grounds, inter alia, that the award dealt with a dispute not falling within the ambit of the arbitration clause, in breach of Article 7 of the Supreme People’s Court’s Arrangement Concerning Mutual Enforcement of Arbitral Awards Between the Mainland and the Hong Kong Special Administrative Region (hereinafter “Arrangement”).

　　II.Rulings

　　Having reported to the Higher People’s Court of Tianjin and the Supreme People’s Court, The First Intermediate People’s Court of Tianjin held that: first, the fact that HKIAC award involved the Hotel Management Agreement did not constitute decisions on matters beyond the scope of the submission to arbitration, and therefore did not fall within the circumstances prescribed by Article 7(1)(3) of the Arrangement; second, the tribunal’s handling of the issue of jurisdiction did not breach parties’ agreement and the laws of the Hong Kong Special Administrative Region, and therefore did not fall within the circumstances prescribed by Article 7(1)(4) of the Arrangement; third, the challenge raised by Haihangwas not in relation to the impartiality or the independence of the arbitrators, but the jurisdiction of the tribunal and, as such the tribunal had the power to decide the issue without the need to resort to the Council of the Arbitration Centre for a determination. Therefore, the subject matter of the challenge raised did not fall within the circumstances prescribed by Article 7(1)(4) of the Arrangement. To sum up, The First Intermediate People’s Court of Tianjin held that the partial award and final award (Case No.:HKIAC/A12016) made by the HKIAC on 19 November 2014 and 19 March 2015 respectively could be enforced in accordance with Article 1, 6 and 7 of the Arrangement.

　　III.Significance