Notice of the Supreme People's Court on Issues Pertaining to the Application of the Arbitration Law

(The following Notice is translated by Robert Zhang and Steve Li, international arbitration lawyers registered in Shanghai, China.)

Notice of the Supreme People's Court on Issues Pertaining to the Application of the Arbitration Law of the People's Republic of China

Higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government:

    …Where either disputing party files a lawsuit with a people's court of competent jurisdiction after both disputing parties agree on a waiver of arbitration in writing, the people's court shall admit the case according to law. II. Where either disputing party files a petition for preservation of property during the course of the arbitration, an order shall be made by the lowest people's court in the jurisdiction where the domicile or property of the party against whom the petition is filed is located in the case of a domestic arbitration case, or by the intermediate people's court in the jurisdiction where the domicile or property of the party against whom the petition is filed in accordance with Article 258 of the Civil Procedure Law of the People's Republic of China in the case of an international arbitration case.

                                               March 26, 1997