Arbitration Law - Petition for Vacation of an Award

(The following clauses are selected from China Arbitration Law and Its Interpretations authored by Robert Zhang and Steve Li, international arbitration lawyers registered in Shanghai, China, and published by Kindle Unlimited.)

Article 58 After an arbitration commission makes an award, either party may file a petition for vacation of the award to the intermediate people's court in the jurisdiction where the arbitration commission is located if the party has evidence to prove that:

(1) the award was made in the absence of an arbitration agreement;

(2) the issues decided in the award do not fall within the scope of the arbitration agreement or under the jurisdiction of the arbitration commission;

(3) the composition of the arbitral tribunal or the arbitration proceeding violated the procedure established by law;

(4) the evidence relied upon by the arbitral tribunal when making the award was falsified;

(5) the other party concealed any evidence which was sufficient to affect the impartiality of the award; or

(6) the arbitrator or arbitrators making the award solicited or accepted bribes, committed malpractices for personal gain, or perverted the law in making the award.

The peoples' court shall appoint a collegial tribunal to verify the case and make an order to vacate the award if the collegial tribunal confirms that the award was made under any of the circumstances specified in the preceding paragraph.

Where the people's court holds that the award is against the social and public interests, it shall make an order to vacate the award.

Article 59 A petition for vacation of an award shall be submitted within six months from the date of receipt of the award.

Article 60 The people's court that receives a petition for vacation of an award shall make an order to vacate the award or dismiss the petition within two months from the date of receipt of the petition.

Article 61 Where a people's court holds that re-arbitration is feasible after it has accepted a petition for vacation of an award, it shall notify the arbitral tribunal to re-arbitrate the case within the time period specified and make an order to suspend the vacation procedure. Where the arbitral tribunal refuses to re-arbitrate the case, the people's court shall make an order to proceed with the vacation procedure.