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Reply of the Supreme People's Court on How the People's Court Should Handle Cases on Application that is accepted for the Enforcement of the Arbitral award or Cases Against the Arbitral award which are outside the jurisdiction of the court

From: 清华大学法学院《中国商事仲裁法律汇编》         Updated: 1998-01-13   

Fafu [1988] No. 8, promulgated by the Supreme People’s Court on January 13, 1988 and in force as of that date.


High People's Court of Hebei Province:

This is to acknowledge receipt of your Request for Instruction (87 jifa (jing) qing zi No. 3). On deliberation, we reply as follows:

For cases where the parties apply for the enforcement of the arbitration award or file lawsuit with the people’s court against the arbitral award, the people's court shall conduct a serious examination. After accepting the case, if the court finds that the case is beyond its jurisdiction, it shall promptly transfer the case to the competent people's court in accordance with the provisions of Article 32 of the Civil Procedure Law (for Trial Implementation) and simultaneously notified to the parties. Where the application for enforcement made by the parties or court action instituted by the parties does not exceed the statutory time limit, a competent people’s court shall not refuse to accept the transfer of the case on the ground that the time limit for the transfer has been exceeded.


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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.