Rules of Procedures for Arbitration Cases for Judicial Review (Article 5 to 8)

Rules of Procedures for Arbitration Cases for Judicial Review

The Supreme People's Court

Fa Shi [2017] No. 22

Article 5  When filing a petition to a people's court for confirmation of the validity of an arbitration agreement, the petitioner shall submit a petition and the original or a certified copy of the arbitration agreement.

The petition shall include:

(1)   the name, sex, date of birth, nationality, and residence of the claimant and the respondent in the case of a natural person, and the name, domicile, and legal representative's or other representative's name and title of the claimant and the respondent in the case of a legal entity or other organization;

(2)   the content of the arbitration agreement; and

(3)   a specific request and the reasons therefor.

Where the petition, arbitration agreement, and other documents submitted are of a foreign language, their translated versions in Chinese shall accompany.

Article 6  Where a petitioner requests a people's court for enforcement or vocation of an arbitral award made by an arbitration institution in mainland China, or for recognition and enforcement of a foreign arbitral award, the petitioner shall submit a petition and the original or a certified copy of the arbitral award.

The petition shall include:

(1)   the name, sex, date of birth, nationality, and residence of the claimant and the respondent in the case of a natural person, and the name, domicile, and legal representative's or other representative's name and title of the claimant and the respondent in the case of a legal entity or other organization;

(2)   the main contents and effective date of the arbitral award;

(3)   a specific request and the reasons therefor.

Where the petition, arbitral award, and other documents submitted are of a foreign language, their translated versions in Chinese shall accompany.

Article 7  Where the documents submitted by a petitioner do not comply with the provisions of Articles 5 and 6, and remain noncompliant after an explanation by the people's court, the people's court shall make an order to reject the petition.

Where a petitioner files a petition with a people's court that does not have jurisdiction over the case, the people's court shall inform him to file the petition with a people's court of competent jurisdiction, and shall make an order to reject the petition if the petitioner refuses to alter his filing.

Where the petitioner challenges the order of rejection, he may file an appeal.

Article 8  Where a people's court finds that a petition that has been admitted does not comply with the requirements for admission, it shall make an order to dismiss the petition.

Where the petitioner files a petition for a second time after an order of dismissal is made and the requirements for admission are complied with, the people's court shall admit the petition.

Where a party challenges an order of dismissal, he may file an appeal.