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Notice of the Supreme People's Court on Issues concerning the Proper Trial of Cases Involving Arbitration-Related Judicial Review

From: 清华大学法学院《中国商事仲裁法律汇编》         Updated: 2013-09-04   

Fa [2013] No. 194, adopted by the Supreme People’s Court on September 4, 2013.

The high people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government; the Military Court of the People's Liberation Army; and the Production and Construction Corps Branch of the High People's Court of Xinjiang Uygur Autonomous Region:

Since the China International Economic and Trade Arbitration Commission (“CIETAC”) has implemented the revised rules of arbitration on May 1, 2012, and the former China International Economic and Trade Arbitration Commission Shanghai Sub-Commission (hereinafter “CIETAC Shanghai Sub-Commission”) and the former China International Economic and Trade Arbitration Commission South China Sub-Commission (hereinafter “CIETAC South China Sub-Commission”) have changed their names and implemented new rules of arbitration, there have been disputes among the parties over such issues as the application of rules of arbitration and the jurisdiction of the aforesaid arbitration institutions over the arbitration cases recently. The people's courts at all localities have accepted, in succession, the cases involving arbitration-related judicial review arising from the aforesaid disputes. To unify the adjudication criterion and ensure the proper trial of cases by the people's courts, you are hereby notified of the relevant issues as follows:

For any case arising from the aforesaid disputes where the parties apply for confirmation of the validity of the arbitration agreement or where the parties apply for the revocation or the non-enforcement of an arbitral award made by the CIETAC, the CIETAC Shanghai Sub-Commission or the CIETAC South China Sub-Commission, the people's court shall not make a ruling until after it has reported the opinion put forward by its judicial committee upon deliberation to the Supreme People's Court level by level and has obtained a reply from the latter.

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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.