Rules of Procedures for Arbitration Cases for Judicial Review (Articles 17 to 22)

Rules of Procedures for Arbitration Cases for Judicial Review (Articles 17 to 22)

The Supreme People's Court

Fa Shi [2017] No. 22

Article 17   The people's court shall apply the provisions of Article 237 of the Civil Procedure Law of People's Republic of China (Note: Article 237 has been renumbered as Article 244 in the latest version dated January 1, 2022) when reviewing cases for enforcement of non-international arbitral awards made by arbitration institutions in mainland China.

The people's court shall apply the provisions of Article 274 of the Civil Procedure Law of People's Republic of China (Note: Article 274 has been renumbered as Article 281 in the latest version dated January 1, 2022) when reviewing cases for enforcement of international arbitral awards made by arbitration institutions in mainland China.

Article 19       Where a petitioner requests to withdraw his petition after the arbitration case for judicial review has been admitted by a people's court but before a decision is made, the people's court shall make an order permitting his request.

Article 20       An order made by a people's court in an arbitration case for judicial review shall take effect upon service except for orders of rejection or dismissal of petitions or over challenges to jurisdiction. Where a party files a petition for reconsideration, appeal, or retrial, the people's court shall not accept it, except as otherwise provided by laws and judicial interpretations.

Article 21       The provisions pertaining to international arbitration cases for judicial review shall apply, mutatis mutandis, to the people's courts' review of cases for confirmation of the validity of arbitration agreements involving, or cases for enforcement of arbitral awards made in, Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan region.

Article 22       These Rules shall come into force as of January 1, 2018. In case of any conflict between the judicial interpretations previously promulgated by this Court and these Rules, these Rules shall prevail.