Rules of Procedures for Arbitration Cases for Judicial Review (Articles 9 to 16)

Rules of Procedures for Arbitration Cases for Judicial Review

The Supreme People's Court

Fa Shi [2017] No. 22

Article 9  The people's court that receives a petition shall review and decide whether to accept the petition within seven days.

The people's court that admits an arbitration case for judicial review shall issue a notice to the claimant and the respondent within five days, informing them of the admission of the case and their rights and obligations related to the case.

Article 10       Where the respondent challenges the jurisdiction of the people's court after the arbitration case for judicial review has been admitted by the people's court, he shall file a challenge within 15 days upon receipt of the notice from the people's court. The people's court shall review the challenge and make an order thereon. Where a party challenges such an order, he may file an appeal.

Where a respondent who has no domicile within the territory of the People's Republic of China challenges the jurisdiction of the people's court, he shall file a challenge within 30 days upon receipt of the notice from the people's court.

Article 11       When reviewing an arbitration case for judicial review, the people's court shall appoint a collegial panel to review the case and make inquiries of the parties.

Article 12       An arbitration agreement or award is an international arbitration agreement or award if it falls under the circumstances as stipulated in Article 1 of the Supreme People's Court's Interpretations Pertaining to the Application of The Law of Choice of Law Applicable in International Civil Relations of the People's Republic of China (I).

Article 13       Where the parties agree to choose the law to apply in confirming the validity of an international arbitration agreement, they shall make an express manifestation of mutual assent, and an agreement upon the law applicable to a contract shall not constitute an agreement upon the law applicable in confirming the validity of the arbitration clause in the contract.

Article 14       Where a people's court believes, when determining the law applicable in confirming the validity of an international arbitration agreement in accordance with Article 18 of The Law of Choice of Law Applicable in International Civil Relations of the People's Republic of China, that the parties have not chosen an applicable law, and different results will occur when confirming the validity of the arbitration agreement in accordance with the laws of the place where the arbitration institution is located and the seat of arbitration, the people's court shall apply the law in accordance with which the arbitration agreement will be confirmed valid.

Article 15       Where an arbitration agreement does not specify an arbitration institution or a seat of arbitration, but an arbitration institution or a seat of arbitration can be determined according to the arbitration rules specified in the arbitration agreement, they shall be deemed as the arbitration institution or seat of arbitration specified in Article 18 of The Law of Choice of Law Applicable in International Civil Relations of the People's Republic of China.

Article 16       Where the respondent raises a defense on the ground that the arbitration agreement is invalid when a case for recognition and enforcement of a foreign arbitral award is reviewed by a people's court in accordance with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the people's court shall determine the law applicable in confirming the validity of the arbitration agreement in accordance with the provisions of Article V.1(a) of the Convention.