Relief after an Award Is Made

 
Relief after an Award Is Made

In accordance with the Arbitration Law and other applicable laws, an award is final and binding on both disputing parties. This rule also applies to international arbitration, i.e., after an award has been made by an international arbitration institution in China, neither the claimant nor the respondent may file a lawsuit with any court in respect of the same dispute decided in the award.

Provided, however, that either disputing party may file a petition with a competent court to vacate the award under the circumstances specified in the Arbitration Law within six (6) months after the date when the award is made.

The losing party who fails to file a petition for vacation of the award shall perform the obligations under the award within the time period specified in the award, failing which the winning party may file a petition for enforcement of the award with a court of competent jurisdiction, which is the intermediate court in the place where the losing party's domicile or property is located in the case of international arbitration.

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…

ABOUT AUTHOR

We are a group of China local lawyers from a few law firms
Email: elitelawyers@outlook.com
My blog: http://www.shanghailawyer.xyz