Fa [ 2017] No. 152

The high people's courts of the provinces, autonomous regions and municipalities directly under the central government, the people's Liberation Army military courts, the Production and Construction Corps Branch of the High People's Court of Xinjiang Uygur Autonomous Region:

In order to fairly adjudicate arbitration judicial review cases in accordance with the law, ensure the unification of adjudication standards, safeguard the legitimate rights and interests of the concerned parties, and promote the healthy and orderly development of arbitration and the establishment of diversified dispute resolution mechanism, the relevant issues concerning the handling of arbitration judicial review cases by people's courts at various levels are hereby notified as follows:

First, the people's courts at all levels shall be responsible for handling arbitration judicial review cases stipulated in this notice as a special business divisions (hereinafter referred to as the special business divisions).

Second, cases in which the parties apply for confirmation of the validity of the arbitration agreement, cases in which they apply for revocation of the arbitral awards of arbitration institutions in mainland China, cases in which they apply for approval and enforcement of the arbitral awards of the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Region, cases in which they apply for recognition and enforcement of foreign arbitral awards and other arbitration judicial review cases shall be handled by the special business divisions of the people's courts at all levels.

After examination and adjudication, the specific business divisions shall recognize and enforce the arbitral awards of the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Region. if foreign arbitral awards are recognized and enforced, they shall be submitted to the enforcement department.

Third, the court of first instance made decision to refuse to entertain a case, reject a complaint, object to the jurisdiction of a court concerning the validity of the arbitration agreement, where the parties refuse to accept the ruling and file an appeal, shall be handled by the special business division of people's court of second instance.

Fourth, people's courts at all levels shall establish a centralized management platform for data and information on arbitration judicial review cases, strengthen information management and data analysis of arbitration judicial review cases, such as those applying for confirmation of the validity of arbitration agreements, those applying for revocation or enforcement of arbitral awards of arbitration institutions in mainland China, those applying for approval and enforcement of arbitral awards in Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Region, those applying for recognition and enforcement of foreign arbitral awards, and decision involving confirmation of the validity of arbitration agreements to refuse to entertain a case, reject a complaint, object to the jurisdiction of a court, so as to effectively ensure the correctness of the application of laws and uniformity of adjudication standards. The Fourth Civil Division of the Supreme People's Court and the Information Technology Service Center of the People's CourtS are specifically responsible for this work.

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最高人民法院关于仲裁司法审查案件归口办理有关问题的通知

*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.