Reply of the Supreme People's Court on the Issue of Whether a People's Court Shall Accept a Counterappeal Lodged by a People's Procuratorate Against a Civil Decision on Rejecting to Vacate an Arbitral award
From: 清华大学法学院《中国商事仲裁法律汇编》 Updated: 2000-12-19Fashi [2000] No. 46; adopted at the 1,150th Meeting of the Judicial Committee of the Supreme People's Court on December 12, 2000; promulgated on December 13, 2000, and effective from December 19, 2000.
High People's Court of Inner Mongolia Autonomous Region:
This is to acknowledge receipt of your Report on the Request for Instruction on “Whether the People's Procuratorate May Lodge a Counterappeal Against a Civil Decision of the People's Court on Rejecting to Vacate an Arbitral award” (Nei Fa [2000] Min Zai Zi No. 29). On deliberation, we reply as follows:
If a civil decision to reject to vacate an arbitral award has come into force, there is no legal basis for a people's procuratorate to lodge a counterappeal against that decision, and the relevant people's court shall refuse to accept the counterappeal.
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*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.