Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Cases by People's Courts to Enforce Arbitration Awards
Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Cases by People's Courts to Enforce Arbitration Awards
Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Cases by People's Courts to Enforce Arbitration Awards
February 23, 2018
For the purpose of regulating efforts of people's courts to handle cases to enforce arbitration awards and safeguarding the lawful rights and interests of the parties concerned and outsiders, these Provisions are formulated in accordance with the Civil Procedure Law of the People's Republic of China, the Arbitration Law of the People's Republic of China and other applicable legal provisions, and in consideration of the enforcement actualities facing people's courts.
Article 1 For the purpose of these Provisions, "cases to enforce arbitration awards" mean those cases in which the parties concerned appeal to people's courts for enforcement of arbitration awards or arbitration mediations issued by arbitration institutions in accordance with the Arbitration Law.
Article 2 Where a party concerned appeals for enforcement of an arbitration award or arbitration mediation issued by the arbitration institution, the case shall fall under the jurisdiction of the intermediate people's court at the place where the party subject to enforcement is domiciled or the property subject to enforcement is located.
Upon approval of the superior people's court, the intermediate people's court may designate a grassroots people's court to handle the case in accordance with Article 38 of the Civil Procedure Law, if both requirements below are satisfied.
1. The value of the object subject to enforcement falls within the scope of civil and commercial cases at a certain level that could be accepted and handled by grassroots people's courts of first instance;
2. The domicile of the party subject to enforcement or the place where the property subject to enforcement is located is within the jurisdiction of the designated grassroots people's court.
Where the party subject to enforcement or an outsider appeals for non-enforcement in a case filed to enforce an arbitration award, the intermediate people's court in charge of enforcement shall file a separate case; where the case filed to enforce an arbitration award has been referred to the designated grassroots people's court, such grassroots people's court shall refer the case to the original court in charge of enforcement to file a separate case within three days of receipt of the appeal for non-enforcement.
Article 3 Where the content in an arbitration award or arbitration mediation falls under any of the following circumstances, which results in failed enforcement, the people's court may dismiss the appeal for enforcement; if the said circumstance results in the arbitration award or arbitration mediation being partially unenforceable, the people's court may dismiss the appeal for the enforcement of the unenforceable part; however, if the said circumstance results in the arbitration award or arbitration mediation being partially unenforceable and the unenforceable part is inseparable from others, the people's court may dismiss the appeal for enforcement.
1. Where the subject of rights and obligations is unclear;
2. Where the amount of monetary payment is uncertain, or the unavailability of calculating methods leads to the failure to work out the specific amount;
3. Where the object to be delivered is unclear or unable to be ascertained; or
4. Where the standard as to how the enforcement is fulfilled, for whom the enforcement is fulfilled, and to what extent the enforcement is fulfilled, is unclear.
Where the arbitration award or arbitration mediation decides merely to proceed with contract performance, without further details on the rights and obligations for continued contract performance and on how and how long contract performance will continue, which results in failed enforcement, the situation shall be dealt with in accordance with the provisions stated in the preceding paragraph.
Article 4 For wording and calculation errors in the main body of an arbitration award or arbitration mediation, and matters that have been ascertained by the arbitral tribunal are not clarified in the main body of the arbitration award, if it is possible to make corrections and supplements, the people's court shall notify the arbitral tribunal in writing of the necessity to make corrections or supplements, or request access to the arbitration files from the arbitral tribunal to resolve the situation. Where the arbitral tribunal neither makes corrections or supplements nor gives any explanations, and the content of enforcement is still unclear after the people's court has accessed and consulted the arbitration files, making the arbitration award or arbitration mediation unenforceable, the people's court may dismiss the appeal for enforcement.
Article 5 Where the party appealing for enforcement disagrees with a ruling issued by the people's court in accordance with Article 3 and Article 4 herein, in order to dismiss its appeal for enforcement, it may appeal to the people's court at the next higher level for reconsideration within ten days of the date on which such ruling was served on it.
Article 6 Where the certain object to be delivered, as specified in an arbitration award or arbitration mediation, has been destroyed or lost, the situation shall be dealt with under Article 494 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China.
Article 7 Where the appeal made by the party subject to enforcement for rescission of an arbitration award has been accepted by the people's court, or the party subject to enforcement or an outsider appeals for non-enforcement of an arbitration award and provides a proper guarantee, the court in charge of enforcement shall suspend the enforcement.
......