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…
     

Enforcement Measures 1

Enforcement Measures 1Property report, fine and detention. Where a party against whom enforcement is sought fails to fulfill his obligations specified in a legal document according to a notice of enforcement, he shall report his current property and the property of the year before the date of receipt of the enforcement …
     

Enforcement Measures 2

Enforcement Measures 2 Seizure, freezing, transfer, and liquidation. Where a party against whom enforcement is sought fails to fulfill his obligations specified in a legal document according to a notice of enforcement, the people's court may inquire about the deposits, bonds, stocks, fund shares, and other propertie…
     

Enforcement Measures 3

Enforcement Measures 3 Withholding, drawing, and retention. Where a party against whom enforcement is sought fails to fulfill his obligations specified in a legal document according to a notice of enforcement, the people's court may withhold or draw an amount from his income sufficient for performing his obligations…
     

Enforcement Measures 4

Enforcement Measures 4 Enforcement of partial property and retention. Where a party against whom enforcement is sought fails to perform his obligations specified in a legal document according to a notice of enforcement, the people's court may seal up, seize, freeze, or sell by auction or on consignment his property …
     
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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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