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Notice of the SPC on Carefully Implementing the Arbitration Law to Enforce Arbitral Awards

From: 清华大学法学院《中国商事仲裁法律汇编》         Updated: 2008-12-31   

Fafa [1995] No. 21, promulgated on October, 4, 1995, in force as of date of promulgation; modified by the decision of the Supreme People's Court 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, and effective from December 31, 2008.


High people's courts of all provinces, autonomous regions, and municipalities:

The Arbitration Law of the People's Republic of China (“Arbitration Law”) was adopted at the 9th Session of the Standing Committee of the Eighth National People's Congress on August 31, 1994 and came into effect on September 1 this year. According to the provisions of Article 79 of the Arbitration Law, the existing arbitration institutions established by the State Council and the people's governments of provinces, autonomous regions, autonomous prefectures, and people's governments at the county level shall be terminated on September 1 this year. For the arbitration institutions located in the municipalities directly under the Central Government, in the cities that are the seats of the people's governments of provinces or autonomous regions and in other cities divided into districts shall be terminated no later than next September 1. In order to ensure the implementation of the Arbitration Law and the fair and timely enforcement of the arbitral award, the following notice is hereby given:

1.The people's courts at all levels shall strictly enforce the Arbitration Law from September 1 this year and shall, in accordance with the provisions of the Civil Procedure Law, the Economic Contract Law and the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards to which China accedes, carefully handling each case to the people's court applying for a ruling, revocation or enforcement of the arbitral award, strengthening the enforcement of the law.

2.According to the Circular of the General Office of the State Council on Furthering the Work of Reorganizing the Arbitration Institutions [1995] No. 38, for the cases accepted before the termination of the existing arbitration institutions, awards shall be given within 6 months from the day when the arbitration institution is legally terminated. If the arbitration institution submit the application for property preservation made by the parties to the people’s court, the people’s court shall, in accordance with the relevant provisions of the Civil Procedure Law, accept or reject the application; For the arbitral award or written conciliation statement rendered by the arbitral institution in accordance with the arbitration procedure during this time period, If one party fails to perform the arbitral award or written conciliation statement  and the other party applies to the people 's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law, the people' s court of the application shall enforce it. However, if the respondent submitted evidence that the award was in one of the circumstances as provided in Paragraph 2 of Article 217 and Paragraph 1 of Article 260 of the Civil Procedure Law, or if the parties submit evidence to prove that the award was in one of the circumstances as provided in Paragraph 1 of Article 260 of the Civil Procedure Law or Article 58 of the Arbitration Law, rulings shall be made separately in the case of non-enforcement and revocation of the award. Where a party applies for enforcement and the other party applies for revocation of the award, the people 's court shall decide to suspend the enforcement proceeding.


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最高人民法院关于认真贯彻仲裁法依法执行仲裁裁决的通知



 

*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.