Enforced Property to Be Returned if Enforcement Is Erroneous

Enforced Property to Be Returned if Enforcement Is Erroneous During or after an enforcement action, the possessor or an interested party of the property enforced may file a challenge to the enforcement action to the enforcement court. The enforcement court, upon receipt of such a challenge, shall compose a collegial pa…
     

Succession to Debts of Deceased or Terminated Obligor in Enforcement

Succession to Debts of Deceased or Terminated Obligor in EnforcementAfter an award has been made, the obligor under the award should pay the debts to the obligee within the period of time specified under the award. If the obligor fails to pay his debts before the termination of the performance period, the obligee may fi…
     

Enforcement Action Suspended after Security Provided

Enforcement Action Suspended after Security ProvidedAfter the winning party files an application for the enforcement of the award, the enforcement court will make an order to enforce the award. The losing party, after receiving a notice from the enforcement court, may provide a security to the satisfaction of the enforc…
     

Third-party Challenge to an Enforcement Action

Third-party Challenge to an Enforcement Action After a winning party applies for enforcement of an arbitration award, the court that receives the application shall make an order to enforce the award, suspend the enforcement action, or vacate the award, as the case may be.If an order to enforce the award is made and an e…
     

Suspension of an Enforcement Action

Suspension of an Enforcement Action After an award is made, the losing party shall perform the obligations under the award within the specified time period. In case of his failure to do so, the winning party may apply for enforcement of the award.After receiving an application for enforcement, the court shall review the…
     

Settlement during an Enforcement Action

Settlement during an Enforcement ActionThe winning party may file a petition to enforce the award if the losing party fails to perform its obligation under the award.During the process of an enforcement action taken by the enforcement court, the losing party may reach a settlement agreement with the winning party and re…
     

Request Another Court to Take an Enforcement Action

Request Another Court to Take an Enforcement ActionAfter a court receives a petition for enforcement of an award, it will review the petition and make an order for enforcement or dismiss the petition as the case may be.If the court makes an order to enforce the award but the domicile or property of the obligor under the…
     

Enforcement: Liability for Evading Obligations

Enforcement: Liability for Evading Obligations If the losing party maliciously works with others to evade his obligations specified in an award, civil or even criminal liability may be imposed on him, including a fine, detention, or even imprisonment considering the consequences of his violation.For example, Article 116…
     
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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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