Prerequisite for Preservation of EvidenceThe purpose of preservation of evidence is to perpetuate the evidence which may be required for ascertaining the facts of a case to safeguard the legitimate rights and interests of the parties in legal proceedings, whether in arbitration or in litigation.Therefore, certain condit…
Order for Preservation of Evidence An order for preservation of evidence should be made and executed by the court of competent jurisdiction rather than the arbitral tribunal or arbitration commission, as the latter does not have the judicial power.In international arbitration in China, a party requesting preservation of…
Mutatis Mutandis ApplicationExcept for the prerequisite and referral process, other procedures for preservation of evidence shall be governed, mutatis mutandis, by the provisions of Chapter IX of the Civil Procedure Law regarding preservation of property.For such other provisions, please read the other articles under th…
Prerequisite for Preservation of PropertyIn accordance with the Civil Procedure Law, a party may file a petition for preservation of property with the court of competent jurisdiction if an award may become difficult to enforce or the party holding an award may incur other damages due to the acts of the other party again…
Property Owner's Rights in Preservation of PropertyAfter a court makes an order to preserve property or takes a preservation action, the court shall promptly notify the owner or possessor of the property that has been preserved.Upon receipt of the notice from the court, the owner or possessor may challenge the order…
Scope and Measures of Preservation of PropertyIf the court receiving a petition for preservation of property decides to grant the petition, it shall make an order to preserve the property as requested and execute or request any other court to executed the order where necessary, appropriate, and expedient.Provided, howev…
After Preservation of Property After a preservation action is taken by the court, the court shall notify the owner or possessor of the property, and the petitioner shall file a lawsuit or a request for arbitration in respect of the property preserved within thirty days.If the petitioner fails to file a lawsuit or a requ…
Security for Preservation of PropertyUpon acceptance of a petition for preservation of property, the court may order the petitioner to provide a security before granting the petition and making an order for preservation of property. If the petitioner fails to provide a security or pay a deposit as ordered by the court, …
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