Fa [1998] No. 40, promulgated by the Supreme People’s Court and effective on April 23, 1998; revised pursuant to the revised by the decision of the SPC on “Adjusting the Article Number Order of the Civil Procedure Law of the People's Republic of China in Judicial Interpretations and other Documents”, promulgated on December 16, 2008, effective on December 31, 2008. 

To the high people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government, and the Military Court of the People's Liberation Army: 

In order to strictly implement the Arbitration Law of the People's Republic of China (hereinafter "Arbitration Law") and the Civil Procedure Law of the People's Republic of China (hereinafter "Civil Procedure Law"), ensure the proceeding of litigation and arbitration activities to be carried out in accordance with the law, we hereby decide to establish a report system for the matters related to vacating arbitral awards involving foreign elements by the people's courts and issue the following notice: 

1. [Revised 2008]  To the extent that one of the parties concerned applies to a people's court to vacate a domestic arbitral award involving foreign elements in accordance with the Arbitration Law, and the people's court holds, upon examination, that the arbitral award involving foreign elements involves any of the circumstances specified in Paragraph 1 of Article 258 of the Civil Procedure Law,  that application must be submitted to the high people's court in that party's jurisdiction for examination before a decision is made to vacate the award or to notify the arbitral tribunal to conduct a new arbitration. If the high people's court agrees to vacate the arbitral tribunal, or notifies the arbitral tribunal to conduct a new arbitration, its examination opinion shall be reported to the Supreme People's Court. A decision to vacate an award or notify an arbitral tribunal to conduct a new arbitration shall be made subject to the reply of the Supreme People's Court.

2. If a people's court which accepts the application for vacating an award holds that an approval should be granted to vacate the award or to notify the arbitral tribunal to conduct a new arbitration, it shall, within 30 days of accepting the application, submit the application to the high people's court within the jurisdiction. If such high people's court agrees to vacate the award or to notify the arbitral tribunal to conduct a new arbitration, it shall report its opinion to the Supreme People's Court within 15 days for the purpose of strictly implementing the provision in Article 60 of the Arbitration Law. 

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最高人民法院关于人民法院撤销涉外仲裁裁决有关事项的通知

*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.