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Reply of the Supreme People’s Court on the Refusal of a People's Court to Accept a Party's Application for Retrial against the Decision that Denied the Enforcement of the Arbitral Award

From: 清华大学法学院《中国商事仲裁法律汇编》         Updated: 2008-12-16   

Supreme People’s Court, Fafu [1996] No. 8, June 26, 1996; 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.


Sichuan High People's Court:

This is to acknowledge receipt of your Request for Instruction on “Whether a People's Court Should Accept a Party's Application for Retrial for Believing the Court's Decision to Deny Enforcement of the Arbitral Award Wrong” (Sichuan HPC [1995] No. 198). On deliberation, we reply as follows:

[Revised 2008] According to the provisions of Article 213 of the Civil Procedure Law of the People's Republic of China, if a people's court, in accordance with the law, renders a decision denying the enforcement of an arbitral award, but a party concerned applies for a retrial due to its dissatisfaction, the people's court shall refuse to accept the application if there is no legal ground for such application.


Related Links:
最高人民法院关于当事人因对不予执行仲裁裁决的裁定不服而申请再审人民法院不予受理的批复


 

*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.