Rules of Procedures for Arbitration Cases for Judicial Review (Articles 1 to 4)

Rules of Procedures for Arbitration Cases for Judicial Review

The Supreme People's Court

Fa Shi [2017] No. 22

These Rules are formulated in accordance with the provisions of The Civil Procedure Law of People's Republic of China, The Arbitration Law of People's Republic of China, and other applicable laws and based on court experience in order to correctly determine arbitration cases for judicial review and protect the legitimate rights and interests of all parties in accordance with the law.

Article 1 For the purposes of these Rules, arbitration cases for judicial review shall include:

(1) Cases for confirmation of the validity of arbitration agreements;

(2) Cases for enforcement of arbitral awards made by arbitration institutions in mainland China;

(3) Cases for revocation of arbitral awards made by arbitration institutions in mainland China;

(4) Cases for recognition and enforcement of arbitral awards made in Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan region;

(5) Cases for recognition and enforcement of arbitral awards made in foreign countries; and

(6) Other arbitration cases for judicial review.

Article 2 A case for confirmation of the validity of an arbitration agreement shall be under the jurisdiction of the intermediate people's court or the specialized people's court of the place where the arbitration institution is located, the arbitration agreement is entered into, or the domicile of the claimant or respondent is located.

A case for confirmation of the validity of an arbitration agreement involving maritime disputes shall be under the jurisdiction of the maritime court of the place where the arbitration institution is located, the arbitration agreement is entered into, or the domicile of the claimant or respondent is located, or the nearest maritime court if there is no maritime court in the above places.

Article 3 Where a foreign arbitral award is related to a case admitted by a people's court, and neither the respondent's domicile nor his property is located in mainland China, a case for recognition of such arbitral award shall be under the jurisdiction of the people's court that has admitted the related case. Where the people's court that has admitted the related case is a lowest people's court, a case for recognition of such arbitral award shall be under the jurisdiction of the people's court at the next higher level of the lowest people's court. Where the people's court that has admitted the related case is a high people's court or the Supreme People's Court, the high people's court or the Supreme People's Court may decide to admit the case for review on its own or designate an intermediate people's court for review.

Where a foreign arbitral award is related to a case accepted by an arbitration institution in mainland China, and neither the respondent's domicile nor his property is located in mainland China, a case for recognition of such arbitral award shall be under the jurisdiction of the intermediate people's court in the place where the arbitration institution that has accepted the related case is located.

Article 4 Where petitions for recognition of such a foreign arbitral award are filed with two or more people's courts of competent jurisdiction, the case shall be under the jurisdiction of the people's court that first registers the case.