Reply of the Supreme People's Court regarding the Issue as to Whether a party can Appeal against a Decision to Set Aside an Arbitral award or to Reject the Party's Application
From: 清华大学法学院《中国商事仲裁法律汇编》 Updated: 1997-04-23Supreme People’s Court, April 23, 1997, Fafu [1997] No. 5
High People's Court of the Autonomous Region of Guangxi Zhuang:
This is to acknowledge receipt of your Request for Instructions (Gui Gao Fa [1996] No. 144) and your supplementary opinions dated January 20, 1997. On deliberation, we reply as follows:
According to the provisions of Articles 140 and 141 of the Civil Procedure Law of the People's Republic of China and of Paragraph 2 of Article 9 of the Arbitration Law of the People's Republic of China, a party has no right to appeal against a decision made in accordance with the law by a people's court to vacate an arbitral award or to dismiss the party's application. Where a people's court decides to vacate an arbitral award, the parties may apply for arbitration based on a new arbitration agreement reached by both parties, or may file an action with a people's court.
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最高人民法院关于人民法院裁定撤销仲裁裁决或驳回当事人申请后当事人能否上诉问题的批复
*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.