Fashi [2000] No. 17; adopted at the 1,121th Meeting of the Judicial Committee of the Supreme People's Court on June 30, 2000; promulgated on July 10, 2000, and effective from July 15, 2000.

High People's Court of Shaanxi:

This is to acknowledge receipt of your Request for Instruction on “How a People's Court Should Handle a Counterappeal filed by a People's Procuratorate Against a judgement that has Vacated an Arbitral award” (Shaanxi HPC [1999] No. 183). On deliberation, we reply as follows:

If a civil decision on vacating an arbitral award has come into force, there is no legal basis for a procuratorial organ to lodge a counterappeal against that decision, and the relevant people's court shall refuse to accept the counterappeal. According to the provisions of Article 9 of the Arbitration Law of the People's Republic of China, where a people's court decides to vacate an arbitral award in accordance with the law, the parties concerned may conclude a new arbitration agreement and apply for arbitration or file an action with a people's court. 

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最高人民法院关于人民检察院对撤销仲裁裁决的民事裁定提起抗诉，人民法院应如何处理问题的批复

*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.