Supreme People's Court Notice Concerning Some Questions Regarding the Centralized Handling of Judicial Review of Arbitration Cases

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【Source】https://mp.weixin.qq.com/s/A5u6xW1anm4s8f96yOM0SQ

Fa[2017]No.152

High people's courts of all provinces, autonomous regions and directly governed municipalities, the PLA military courts, High People's Court of Xinjiang Uyghur autonomous region branch of the production and construction Corps:

To try correctly judicial review of arbitration cases according to law and guarantee a unified yardstick for judicial decision-making, protect the legal rights of parties, promote the healthy and orderly development of arbitration matters and the establishment of a diverse dispute resolution mechanism, we notify the various levels of the people's courts handling judicial review of arbitration cases of the following:

I.The trial divisions (collegial panels) trying foreign-related commercial cases shall be the specialized trial divisions (below, "specialized trial divisions) responsible for undertaking the judicial review of arbitration as set out in this notice..

II. In cases in which a party applies to have the validity of an arbitration agreement recognized, cases in which application is made to cancel a domestic arbitration commission's award, cases in which application is made to recognize (认可) and enforce a Hong Kong SAR or Macau SAR arbitration award, recognize (认可) and enforce a Taiwan area arbitration award, application is made to recognize (承认) and enforce a foreign arbitral award, shall be handled by the specialized trial divisions of each level of court. [bolding has been added]

Where a specialized trial division, after review, has ruled to recognize and enforce a Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration award, recognize and enforce a foreign arbitral award, the enforcement shall be transferred to the enforcement departments for enforcement..

III. When the first instance court makes a ruling which relates to the validity of an arbitration agreement relating not to accept, to reject a filing or objection to jurisdiction, and a party disagrees with the ruling and appeals, the specialized trial division of the second instance court should handle it.

IV. Each level of people's court should establish a centralized administrative platform for the judicial review of arbitration awards, to strengthen the informatized management and data analysis of cases regarding applications to confirm the validity of an arbitation agreement, cases regarding applications to cancel or enforce arbitration awards of our domestic arbitration institutions, applications to recognize and enforce Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration awards, cases regarding applications to recognize and enforce foreign arbitral awards, and cases relating to the judicial review of arbitration such as refusal to accept, reject the filing, or objection to jurisdiction and others relating to the confirmation of the validity of an arbitration agreement; the effective guarantee of the correct application of law and of a unified yardstick for judicial decision-making. The #4 Civil Division of the Supreme People's Court and the People's Courts Information Technology Service Center shall be specifically responsible for this work..

Supreme People's Court

2017/5/22

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