Reply of the Supreme People's Court Regarding the Enforcement by the People's Court of an Arbitral Award Signed by the Original Arbitrator who is No Longer Appointed
From: 清华大学法学院《中国商事仲裁法律汇编》 Updated: 1998-09-05Fashi [1998] No. 21; adopted at the 1001st Meeting of the Judicial Committee of the Supreme People's Court on July 13, 1998; promulgated on August 31, 1998, and effective from September 5, 1998.
High People's Court of Guangdong Province:
This is to acknowledge receipt of your Request for Instruction “Whether a People's Court Shall Enforce an Arbitral Award Rendered by an Arbitrator Who has Continued to Participate in the Hearings of the Case Even After His Appointment Has been Discontinued” (Guandong HPC [1996] Zhi Han Zi No. 5). On deliberation, we reply as follows:
During the course of an arbitration under the Shenzhen Sub-commission of CIETAC in the case concerning disputes over an equity joint venture contract between Shenzhen Eastroc Co., Ltd. and China National Chemical Construction Shenzhen Company, Chen Ye was originally appointed as an arbitrator, and participated in the hearings. At the time of his appointment, he possessed the lawful status of an arbitrator. At a later stage, Chen Ye's name was removed from the arbitrator's updated name list, indicating that the arbitration institution terminated his appointment in the middle of the proceedings. However, the proceedings duly handled by Chen Ye as a member of the lawfully established tribunal should not be affected by the later termination of his position, and his signature to the Arbitral Award ([94] Shen Guo Zhong Jie Zi No. 47) made by the tribunal is valid. The Intermediate People's Court of the Shenzhen Municipality should enforce the arbitral award on the basis of the party’s application.
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最高人民法院关于未被续聘的仲裁员在原参加审理的案件裁决书上签名,人民法院应当执行该仲裁裁决书的批复
*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.