· Area of Law： State Organs

· Level of Authority： Local Judicial Documents

· Date issued：03-02-2009

· Effective Date：03-02-2008

· Status： Effective

· Issuing Authority： Higher People's Court of Guangdong Province

Notice of the Higher People's Court of Guangdong Province on Issuing the Several Provisions of the Higher People's Court of Guangdong Province on Handling Cases about a Petition for Not Enforcing an Arbitral Award (for Trial Implementation)

The people's courts at all levels of Guangdong Province, the Maritime Court of Guangzhou, and the railway transport courts of Guangzhou at two levels:
To regulate the handling of cases about a petition for not enforcing an arbitral award, the Higher People's Court of Guangdong Province, according to the Civil Procedure Law of the People's Republic of China, the Arbitration Law of the People's Republic of China and the relevant judicial interpretations of the Supreme People's Court and in light of the actual situations of the judicial work, has formulated the Several Provisions of the Higher People's Court of Guangdong Province on Handling Cases about a Petition for Not Enforcing an Arbitral Award (for Trial Implementation), which are hereby issued to you for your earnest compliance and implementation. If you encounter any problem in the process of implementation, please timely report it to the Higher People's Court of Guangdong Province.
March 2, 2009
Several Provisions of the Higher People's Court of Guangdong Province on Handling Cases about a Petition for Not Enforcing an Arbitral Award (for Trial Implementation)
To correctly handle cases where a party concerned files a petition for not enforcing an arbitral award and protect the legitimate rights and interest of the parties concerned, these Provisions are formulated according to the Civil Procedure Law of the People's Republic of China, the Arbitration Law of the People's Republic of China and the relevant judicial interpretations of the Supreme People's Court and in light of the actual situations of the judicial work.
Article 1 If, in the process of a people's court's enforcement of an arbitral award rendered by an arbitral institution, the enforcee intends to petition for not enforcing the award, the enforcee shall file a written petition with the enforcement court after receiving the Notice of Enforcement.
Article 2 The enforcee which petitions for not enforcing an arbitral award shall submit evidential materials in support of its or his claims to the enforcement court as well as the copies thereof corresponding to the number of the opposite parties.
Article 3 The case-filing tribunal of the enforcement court shall be responsible for examining whether the petition for not enforcing an arbitral award meets the prescribed case-filing conditions. If the party concerned directly petitions to the enforcement body, the enforcement body shall, within 2 workdays after receiving the petition materials, transfer them to the case-filing tribunal for examination.
Article 4 The case-filing tribunal shall, within 7 workdays after receiving the petition materials, make a decision on whether to docket the case, and, within 7 workdays after making a decision, notify all parties concerned of the decision in writing.
Under any of the following circumstances, the case-filing tribunal shall make a decision to reject the case:
1. the party concerned petitions for not enforcing an arbitral mediation record or a consent arbitral award rendered on the basis of a reconciliation agreement reached by the parties concerned;
2. the party concerned petitions for not enforcing an arbitral award on the same grounds after its or his petition for revoking the arbitral award to the people's court was rejected by the people's court; or
3. the party concerned petitions for not enforcing an arbitral award in the enforcement procedure on the ground that the arbitration agreement is invalid, but it or he did not raise any objection to the validity of the arbitration agreement in the arbitration procedure.
Article 5 If the petitioner for enforcement considers that the opposite party's petition for not enforcing the arbitral award is groundless, the petitioner for enforcement shall submit a written statement of objection to the enforcement court within 10 days after receiving the Notice of Case Acceptance, submit evidentiary materials in support of its or his claims, and provide the copies thereof corresponding to the number of the opposite parties.
Article 6 The case-filing tribunal of the enforcement court shall determine its corresponding case examination department based on the nature of the arbitral dispute and according to the enforcement court's provisions on the division of relevant types of civil cases among the civil tribunals, and, within 2 workdays after making a decision to docket the case, transfer the case files to the competent civil tribunal for examination.
Article 7 A collegial panel shall be formed to examine a case about a petition for not enforcing an arbitral award.
Article 8 Pending the examination of a case about a petition for not enforcing an arbitral award, the enforcement of the arbitral award shall continue.
If the enforcee provides any valid security and petitions for suspending the enforcement, the petition may be approved. During the period of suspension of enforcement, the enforcement control measures such as sealing up, freezing or seizing the property of the enforcee shall continue.
If the petitioner for enforcement provides any corresponding security and petitions for continuing the enforcement, the enforcement shall continue.
Article 9 The examination of a case about a petition for not enforcing an arbitral award shall be analogically governed by the procedures for a case about a petition for revoking an arbitral award.
Article 10 The civil tribunal shall finish examining a case about a petition for not enforcing an arbitral award and make a ruling within 60 days after the case is docketed. Any extension of this time limit for any special reason shall be subject to the approval of the president of the enforcement court.
Article 11 Against a ruling made by the people's court on not enforcing an arbitral award, the petitioner for enforcement may, according to the Civil Procedure Law of the People's Republic of China, apply for arbitration again under a written arbitration agreement reached by both parties or bring an action in the people's court having jurisdiction.
Article 12 For the purpose the these Provisions, the term “arbitral award” only refers to an effective arbitral award made by an arbitral institution legally established within the territory of the People's Republic of China on a domestic civil or commercial dispute.
Article 13 These Provisions shall be put into trial implementation on March 2, 2008.