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What are the rules governing the enforcement of arbitral awards?

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What are the rules governing the enforcement of arbitral awards?


        

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  • 2024-06-10 09:00:03

    The jurisdictional provisions for the enforcement of an arbitral award shall be stipulated by: "A legal person shall have its domicile at the place where its main office is located." In litigation practice, if the person subjected to enforcement is a unit and its domicile has been indicated on its business license, enterprise legal person business license and other identity certificates, it may also apply to the people's court in the place where the domicile is located for enforcement.

    What are the provisions on the People's Court's handling of the enforcement of arbitral awards?

    The provisions on the execution of arbitral awards by the people's courts are as follows:

    The arbitration award enforcement cases mentioned in these Provisions refer to the cases in which the parties apply to the people's courts for enforcement of the arbitration award or arbitration mediation statement made by the arbitration institution in accordance with the Arbitration Law.

    If a party applies for enforcement of an arbitration award or arbitration mediation statement made by an arbitration institution, the intermediate people's court in the place where the person subjected to enforcement has his domicile or where the property subjected to enforcement is located shall have jurisdiction.

    If a party applies for enforcement of an arbitration award or arbitration mediation statement made by an arbitration institution, the intermediate people's court in the place where the person subjected to enforcement has his domicile or where the property subjected to enforcement is located shall have jurisdiction.

    1. If the following conditions are met, the intermediate people's court may, with the approval of the people's court at a higher level, designate a basic people's court to exercise jurisdiction by reference to the provisions of Article 38 of the Civil Procedure Law:

    (1) The amount of the subject matter of execution conforms to the scope of jurisdiction and acceptance of civil and commercial cases at the level of first instance of the basic people's court;

    (2) The domicile of the person subjected to execution or the location of the property subjected to execution is within the jurisdiction of the designated basic people's court.

    If the person subjected to enforcement or an outsider refuses to enforce the application for enforcement of an arbitral award, the intermediate people's court in charge of enforcement shall file a case for review and handling separately; If a basic people's court has been designated to have jurisdiction over an enforcement case, it shall, within three days after receiving the application for non enforcement, transfer the case to the original enforcement court for filing, examination and handling.

    2. The people's court may rule to reject the application for enforcement if the enforcement content of the arbitration award or arbitration mediation statement is unable to be enforced due to one of the following circumstances:; If partial execution is impossible as a result, a ruling may be made to reject the application for execution of that part; If some of them cannot be executed and are inseparable from other parts, the application for execution can be rejected [1].

    (1) The subject of rights and obligations is not clear;

    (2) The specific amount of money payment is not clear or the calculation method is not clear, which makes it impossible to calculate the specific amount;

    (3) The specific items delivered are not clear or cannot be determined;

    (4) The standard, object and scope of performance are not clear.

    If the arbitration award or arbitration mediation statement only determines the continued performance of the contract, but the specific contents such as the rights and obligations of continued performance, as well as the manner and time limit of performance are not clear, resulting in the inability to implement, the provisions of the preceding paragraph shall apply.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

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