Failure of an Enforcement Action

Failure of an Enforcement Action The enforcement court shall complete the enforcement of an award within six (6) months upon receipt of a petition for enforcement. In case of the enforcement court’s failure to complete the enforcement action within the above time period, the petitioner may file a petition with the cour…
     

Enforcement Action: Challenge

Enforcement Action: ChallengeIf the winning party, losing party, or any interested party believes that an enforcement action of the enforcement officers violates the Civil Procedure Law or other applicable laws or regulations, a written challenge may be filed with the enforcement court.Within fifteen (15) days upon rece…
     

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 petitione…
     

Jurisdiction of Enforcement Cases

Jurisdiction of Enforcement CasesWhere the winning party seeks enforcement of the award, he may file a petition for enforcement to the intermediate court in the place where the losing party’s domicile or property is located.The intermediate court that receives a petition for enforcement will appoint a collegial panel t…
     

Enforcement of Awards: General

Enforcement of Awards: GeneralAfter 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 d…
     

​International assistance in judgment enforcement

International assistance in judgment enforcement Judicial assistance refers to the legal obligations of people's courts and foreign courts to deliver documents, investigate and collect evidence, and perform other litigation actions in response to mutual requests based on international treaties concluded or participa…
     

Enforcement Measures available in Civil Lawsuits in China

Enforcement Measures available in Civil Lawsuits in China If a person fails to meet their legal responsibilities as specified by a court order, they must disclose their financial situation to the court for the preceding year. Fines or jail may be levied on the individual or their legal representative if they refuse to …
     

​Enforcement of Judgement in general

Enforcement of Judgement in general The article outlines the general provisions for the execution of legal documents in China. The people's court executes civil and criminal judgments and property portions of criminal judgments at the location of the executed property or the court of the first instance. The court ex…
     
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Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

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