Enforcement of Awards: General

Enforcement of Awards: General

After an award is made, the losing party should perform his obligations specified under the award. Generally, the arbitral tribunal will specify a deadline in the award for the losing party to perform his obligations. Such a deadline may also be agreed upon by both disputing parties.

If no deadline is specified or agreed upon, the losing party should perform his obligations promptly or within a reasonable time period after the award is rendered.

In case of the losing party’s failure to perform his obligations under the award, the winning party may file a petition for enforcement of the award with a competent court. Generally, such a competent court may be an intermediate court in the jurisdiction where the losing party’s domicile or property is located in case of an international arbitration.

The provisions of The Civil Procedure Law pertaining to enforcement of decrees apply, mutatis mutandis, to the enforcement of award. And The Civil Procedure Law also includes special provisions pertaining to enforcement of international award or award made by foreign arbitration institutes.

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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