Resolution of Economic Disputes: Administrative Reconsideration
(III) Enforcement of arbitration awards
Enforcement refers to the act of a people's court to force the obligor to perform their obligations under an award in accordance with the legal procedures at the request of the obligee after the award has taken effect. 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. Generally speaking, the obligee may apply for enforcement only when the obligor fails to fulfill their obligations under the award. 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. According to the Arbitration Law, an arbitration award shall not be enforced if: ① the contract between the disputing parties does not contain an arbitration clause or no written arbitration agreement was reached after the occurrence of the dispute; ② the issues decided in the award do not fall within the scope of the arbitration agreement or under the jurisdiction of the arbitration commission; ③ the composition of the arbitral tribunal or the arbitration proceeding violated the procedure established by law; ④ the main evidence for ascertaining the facts is insufficient; ⑤ there is an error in the application of the law; or ⑥ the arbitrator or arbitrators making the award committed embezzlement, accepted bribes, committed malpractices for personal gain, or perverted the law in making the award. Where the people's court holds that the enforcement of the award would be against the social and public interests, it shall make an order to dismiss the petition for enforcement of the award.
Robert Zhang 
Steve Li 