Choice of Law by the Court

Choice of Law by the Court If the parties agree on the law to govern the validity of their arbitration agreement or arbitration clause in addition to the law to govern the master contract of the arbitration agreement or the contract containing the arbitration clause, such an agreement shall prevail in determining the va…
     

Choice of Law in the Absence of an Agreement on Arbitration Institution or Seat of Arbitration

Choice of Law in the Absence of an Agreement on Arbitration Institution or Seat of Arbitration If an arbitration agreement or clause does not specify an arbitration institution or a seat of arbitration, but an arbitration institution or a seat of arbitration can be determined in accordance with the arbitration rules agr…
     

Rejectable Arbitral Awards Made by International Arbitration Institutions in Mainland China

Rejectable Arbitral Awards Made by International Arbitration Institutions in Mainland China A petition for enforcement of an international arbitral award made by an international arbitration institution in mainland China will be reviewed in accordance with Article 281 of the Civil Procedure Law, and will be rejected if:…
     

Time Limit for Withdrawing a Petition for Judicial Review

Time Limit for Withdrawing a Petition for Judicial Review If a petitioner intends to withdraw his petition for judicial review, whether for confirmation of the validity of an arbitration agreement or for enforcement or vacation of an arbitral award, after his petition has been admitted by a court, the petitioner should …
     

Entry into Force of Orders in Judicial Review

Entry into Force of Orders in Judicial Review In the case of judicial review of an arbitration case, an order made by a court shall take effect upon service on the petitioner, except for orders rejecting or dismissing petitions for judicial review or over challenges to court jurisdiction. A court order made in judicial …
     

Mutatis Mutandis Application

Mutatis Mutandis Application The provisions pertaining to judicial review of international arbitration cases shall apply, mutatis mutandis, to judicial review of arbitration cases involving Hong Kong, Macao, and Taiwan, regardless of whether for confirmation of the validity of arbitration agreements involving or for enf…
     

Petition for Enforcement of an Award to Be Dismissed

Petition for Enforcement of an Award to Be Dismissed After an award has been made by an international arbitration commission in China, the losing party should perform his obligations thereunder within the time period specified in the award. If no time period for performance is specified, the losing party should perform …
     

Termination and Continuation of an Enforcement Action

Termination and Continuation of an Enforcement Action Termination In accordance with the Civil Procedure Law of the People’s Republic of China, a court that has received a petition for enforcement of an award shall make an order to terminate the enforcement of the award under the following circumstances: The petitione…
     
<12>
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…
Hot Articles
Rules Pertaining to the Jurisdiction of International Civil and Commercial Cases
Supreme People's Court's Rules Pertaining to the Juri…
Do I Need to Adduce Evidence for All My Claims
Do I Need to Adduce Evidence for All My ClaimsIt is a basic p…
Prerequisite for Preservation of Evidence
Prerequisite for Preservation of EvidenceThe purpose of prese…
Civil Code: Basic Provisions
Civil Code: Basic Provisions(These clauses are selected from …
Order for Preservation of Evidence
Order for Preservation of Evidence An order for preservation …
Civil Code: Creation of an Adoptive Relationship
Civil Code: Creation of an Adoptive Relationship(These clause…

ABOUT AUTHOR

We are a group of China local lawyers from a few law firms
Email: elitelawyers@outlook.com
My blog: http://www.shanghailawyer.xyz