How to revoke an arbitration award

Answered thirty-two thousand five hundred and seven Legal advice>

Hello, my answer to your question is that the arbitral award made by the arbitral tribunal is final and no one can change it at will. However, in order to ensure the correctness and legality of the award, protect the legitimate rights and interests of the parties and correct the wrong award, China's arbitration law gives the people the power to revoke the arbitration award.
Cancellation of an arbitral award shall be applied for by the parties concerned, and the people generally do not take the initiative to exercise the power of judicial review to revoke the award. China's Arbitration Law
Article 58 provides that a party may apply for cancellation of an arbitration award if it provides evidence to prove that the arbitration award involves one of the following circumstances:
1. There is no arbitration agreement;
2. The award is not within the scope of the arbitration agreement or the arbitration commission has no power to arbitrate;
3. The composition of the arbitration tribunal or the arbitration procedure violates the legal procedure;
4. The evidence on which the award is based is forged;
5. The other party conceals evidence sufficient to affect the fairness of the award;
6. The arbitrator asks for bribes or perverts the law when arbitrating the case.
In addition, China's Arbitration Law also makes such special provisions on the cancellation of award in foreign-related arbitration: "The parties shall provide evidence to prove that the foreign-related arbitration award has our Civil Procedure Law
Article 260
In any of the circumstances specified in the first paragraph, the people's collegial panel shall, after examination and verification, rule to revoke it. " The situations stipulated in China's Civil Procedure Law include:
1. The parties have not concluded an arbitration clause in the contract or have not reached a written arbitration agreement afterwards;
2. The party has not been notified of the appointment of an arbitrator or of the arbitration proceedings, or has failed to state its opinion for other reasons not attributable to the party;
3. The composition of the arbitration tribunal or the arbitration procedure is inconsistent with the arbitration rules;
4. The award is not within the scope of the arbitration agreement or the arbitration institution has no right to arbitrate.
If the parties consider that the arbitral award meets one of the above circumstances, they have the right to apply to the people for cancellation of the arbitral award. The party applying for cancellation of the award must submit an application to the intermediate people in the place where the arbitration commission is located within 6 months from the date of receiving the award.

Answered thirty-two thousand five hundred and seven Legal advice>

Hello, my answer to your question is that the arbitral award made by the arbitral tribunal is final and no one can change it at will. However, in order to ensure the correctness and legality of the award, protect the legitimate rights and interests of the parties and correct the wrong award, China's arbitration law gives the people the power to revoke the arbitration award.
Cancellation of an arbitral award shall be applied for by the parties concerned, and the people generally do not take the initiative to exercise the power of judicial review to revoke the award. China's Arbitration Law
Article 58 provides that a party may apply for cancellation of an arbitration award if it provides evidence to prove that the arbitration award involves one of the following circumstances:
1. There is no arbitration agreement;
2. The award is not within the scope of the arbitration agreement or the arbitration commission has no power to arbitrate;
3. The composition of the arbitration tribunal or the arbitration procedure violates the legal procedure;
4. The evidence on which the award is based is forged;
5. The other party conceals evidence sufficient to affect the fairness of the award;
6. The arbitrator asks for bribes or perverts the law when arbitrating the case.
In addition, China's Arbitration Law also makes such special provisions on the cancellation of award in foreign-related arbitration: "The parties shall provide evidence to prove that the foreign-related arbitration award has our Civil Procedure Law
Article 260
In any of the circumstances specified in the first paragraph, the people's collegial panel shall, after examination and verification, rule to revoke it. " The situations stipulated in China's Civil Procedure Law include:
1. The parties have not concluded an arbitration clause in the contract or have not reached a written arbitration agreement afterwards;
2. The party has not been notified of the appointment of an arbitrator or of the arbitration proceedings, or has failed to state its opinion for other reasons not attributable to the party;
3. The composition of the arbitration tribunal or the arbitration procedure is inconsistent with the arbitration rules;
4. The award is not within the scope of the arbitration agreement or the arbitration institution has no right to arbitrate.
If the parties consider that the arbitral award meets one of the above circumstances, they have the right to apply to the people for cancellation of the arbitral award. The party applying for cancellation of the award must submit an application to the intermediate people in the place where the arbitration commission is located within 6 months from the date of receiving the award.

Answered thirty-two thousand five hundred and seven Legal advice>

Hello, my answer to your question is that the application for revocation of the arbitral award must meet the following conditions:
1. The main body applying for the cancellation of an arbitral award The Arbitration Law stipulates that the main bodies that have the right to apply for the cancellation of an arbitral award are the parties, namely the arbitration applicant and the respondent. Only the party to the arbitration can apply for cancellation, and no other person can.
2. There is a certain time limit for applying for revocation of the arbitral award. If the parties apply for the cancellation of the arbitration award, they shall submit the application within 6 months from the date of receiving the award. If the party fails to apply for the cancellation of the arbitral award within the above period, it means that the party has voluntarily given up the right to safeguard its interests and can no longer apply for the cancellation of the arbitral award, but should consciously perform the substantive obligations specified in the arbitral award, and the other party can also apply to the people with jurisdiction for enforcement after this period.
3. The parties under jurisdiction who apply for the cancellation of the arbitral award shall apply to the intermediate people in the place where the arbitration commission is located for the cancellation of the arbitral award. It should be noted that the grass-roots level has no right to revoke the award of the arbitration commission, and it must be an intermediate level.
4. Should be in line with the situation of applying for the cancellation of an arbitral award The Arbitration Law has made corresponding provisions on the situation of the cancellation of an arbitral award, which can be summarized as follows: there is no arbitration agreement or the arbitration agreement is invalid The arbitral award has handled disputes outside the scope of the arbitration agreement, Or the arbitration award is based on forged or altered evidence that the arbitrators have committed crimes during the arbitration process.
An application for cancellation of an arbitral award refers to the act of a party applying to the people for cancellation of an arbitral award when the arbitral award violates the provisions of the law.
As an important right of the parties, the application for cancellation of an arbitral award can be understood from the following two aspects:
(1) An application for cancellation of an arbitral award is the act of a party applying to the people with jurisdiction according to law for the cancellation of an arbitral award that meets the statutory conditions. The party may not directly apply to the arbitration commission
(2) It is a passive act of the people to exercise the power to revoke an arbitral award based on the application of the parties, and the people may not actively exercise the power to revoke an arbitral award.