Purpose : This paper confirmed how Chinese courts actually apply provisions on infringement of the right of defense under the New York Convention through the case analysis. Based on the characteristics and problems derived from this case analysis, this paper suggests matters to be attended and countermeasures related to the infringement of the right to defense when Korean parties have to use China's foreign arbitral award approval and enforcement system. Research design, data, methodology : This paper collects and analyzes responses of the Chinese Supreme People's Court's from courts’ instruction request related to the application of the infringement of the right of defense stipulated in the New York Convention from 1995 to latest. Results : China's Supreme People's Court agreed with the lower court's opinion that the approval and enforcement of foreign arbitral awards should be rejected through applying the infringement of the right of defense in only 4 out of 18 responses. Conclusions : There are matters to be aware of in relation to the infringement of the right to defense when Korean parties have to use China's foreign arbitral award approval and enforcement system as follows: First, the Korean party needs to respond more actively to the claim of infringement of the right to defense by the Chinese party. Second, evidence of the notice for both the appointment of an arbitrator and the arbitration procedure must be occupied. Third, it is not important whether the opportunity for defense was actually given. Fourth, even if the lower court approves the infringement of the right to defense, do not accept it and then actively respond in order to that the upper court can make an appropriate decision.