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 petitioner withdraws his petition;
- The award to be enforced is vacated;
- The party against who enforcement is sought is deceased without any estate for enforcement or without any successor;
- The petitioner who claims payment of alimony or parental or child support is deceased;
- The party against who enforcement is sought is having a hard life, has no income, and has lost the ability to work, thus unable to pay his debt; or
- Under other circumstances where the enforcement court deems it necessary and appropriate to terminate the enforcement action.
Once an enforcement court makes an order to terminate an enforcement action, the order shall become effective on the date of service of the petitioner and the debtor.
Continuation
Upon receipt of a petition for vacation of an award, the enforcement court shall review the case and make an order to vacate the award or dismiss the petition.
If the enforcement court makes an order to dismiss the petition, such an order shall be accompanied by an order to continue to enforce the award.
Robert Zhang 
Steve Li 