The PRC Arbitration Law: Enforcement

The PRC Arbitration Law: Enforcement

Article 62 The disputing parties shall comply with the arbitration award. Where either party fails to comply with the award, the other party may file a petition for enforcement with a people's court of competent jurisdiction in accordance with the applicable provisions of the Civil Procedure Law. The people's court that receives a petition for enforcement of an award shall take an enforcement action.
Article 63 Where a party against whom enforcement of an arbitration award is sought produces evidence to prove that the award was made under any of the circumstances specified in the second paragraph of Article 213 of the Civil Procedure Law, the people's court shall appoint a collegial tribunal to verify the evidence and make an order to dismiss the petition for enforcement if the collegial tribunal confirms the evidence.

Article 64 Where either party files a petition for enforcement of an award and the other party files a petition for vacation of the same award, the people's court that receives the petitions shall make an order to suspend the enforcement.

Where the people's court makes an order to vacate the award, it shall also make an order to terminate the enforcement. Where the people's court makes an order to dismiss the petition for vacation, it shall also make an order to proceed with the enforcement.

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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