Fashi [1998] No. 16; adopted at the 992th Meeting of the Judicial Committee of the Supreme People's Court on June 11, 1998; promulgated on July 21, 1998, and effective from July 28, 1998

High People's Court of Anhui Province: 

Your Request for Instructions on “How to Resolve Several Specific Issues Concerning the Trial of Cases on a Party’s Application to Vacate an Arbitral Award” ([1996] Jing Ta Zi No. 26) has been received. On deliberation, we reply as follows:

1.With respect to a case before an arbitration institution established according to the previously relevant provisions, that was accepted before the implementation of the Arbitration Law of the People's Republic of China (“Arbitration Law”), but was tried after the implementation of the Arbitration Law, the relevant provisions of the Arbitration Law shall apply in principle. Whereas the system of the previously established arbitration institution is different from that of an arbitration institution established according to the relevant provisions of the Arbitration Law, if the previously established arbitration institution has difficulties in the application of certain provisions of the Arbitration Law, such as the composition of the arbitral tribunal, the relevant provisions of the Arbitration Rules on Economic Contracts of the People's Republic of China shall apply. Therefore, when hearing a case involving an application to vacate an arbitral award, the people's courts shall refer to the grounds for failure to apply the Arbitration Law, in order to vacate the arbitral award.

2. Where a concerned party applies to a people's court to have an arbitral award vacated, the court shall, during its trial of the case, designate the other party as the respondent.

3. For applications to vacate an arbitral award submitted before a people's court, the case acceptance fee shall be collected in accordance with the standard rate for non-property cases and shall be paid by the applicant.

Related Links:
最高人民法院关于审理当事人申请撤销仲裁裁决案件几个具体问题的批复

*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.