Fa Shi [2004] No. 9, adopted at the 1,320th Meeting of the Judicial Committee of the Supreme People's Court on July 20, 2004; promulgated on July 26, 2004; and effective from July 29, 2004.

Shaanxi High People's Court:

This is to acknowledge receipt of your Request for Instructions on “Whether the People's Court Should Accept a Party's Application for a Retrial against a Court Decision that has dismissed that party's application to vacate an arbitral award” (Shaanxi HPC [2004] No. 225). On deliberation, we reply as follows:

According to the essence of the provision in Article 9 of the Arbitration Law of the People's Republic of China, a people's court shall reject an application for retrial made by a party based on its refusal to accept the decision made by a people's court to dismissing that party's application to vacate an arbitral award. 

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最高人民法院关于当事人对驳回其申请撤销仲裁裁决的裁定不服而申请再审，人民法院不予受理问题的批复

*The original text is Chinese and has been translated into English for reference only. If there is any inconsistency or ambiguity between the Chinese version and the English version, the Chinese version shall prevail.