Scope of Cases Subject to Judicial Review

Scope of Cases Subject to Judicial Review In accordance with Interpretations [2017] No. 22 issued by the Supreme People's Court, arbitration cases subject to judicial review include cases for confirming the validity of arbitration agreements, enforcing or revoking arbitral awards made by arbitration institutions in …
     

Jurisdiction of Cases Subject to Judicial Review

Jurisdiction of Cases Subject to Judicial ReviewA case foris under the jurisdiction ofof the place whereconfirming the validity of an arbitration agreementthe intermediate court or the specialized courtthe arbitration institution is located, the arbitration agreement is entered into, or the domicile of the claimant or r…
     

Submissions for Confirming the Validity of an Arbitration Agreement

Submissions for Confirming the Validity of an Arbitration AgreementA party requesting a court to confirm the validity of an arbitration agreement should submit the following documents:1. a petition, including the personal information of the claimant and the respondent, i.e., the name, sex, date of birth, nationality, an…
     

Submissions for Enforcing or Vacating an Arbitral Award

Submissions for Enforcing or Vacating an Arbitral AwardA party requesting a court to enforce or vacate an arbitral award, whether made by an arbitration institution in Mainland China or a foreign country, should submit the following documents:1. a petition, including the personal information of the claimant and the resp…
     

Noncompliant Submissions

Noncompliant SubmissionsIf the documents and information submitted by the petitioner do not comply with the provisions pertaining to submissions for confirming the validity of an arbitration agreement or enforcing or vacating an arbitral award, as the case may be, the court will request the petitioner to make correction…
     

Dismissal of a Petition for Judicial Review

Dismissal of a Petition for Judicial ReviewAfter a court has admitted a petition for judicial review, whether for confirming the validity of an arbitration agreement or enforcing or vacating an arbitral award, the court will review the case and make an appropriate order.If the court holds, after the review, that the pet…
     

Time Limitations in Cases Subject to Judicial Review

Time Limitations in Cases Subject to Judicial Review1. Time limitation for accepting or rejecting a petitionWithin seven (7) days of receipt of a petition for judicial review, whether for confirmation of the validity of an arbitration agreement or for enforcement or vacation of an arbitral award, the court should review…
     

​Choice of Law in International Arbitration Cases Subject to Judicial Review

​Choice of Law in International Arbitration Cases Subject to Judicial ReviewIn international arbitration cases, the parties may agree to choose the law applicable in confirming the validity of their arbitration agreement or arbitration clause in addition to the law governing the master contract of the arbitration agree…
     
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Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…
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