Procedure for Advance Enforcement

Mar 25, 2023

Article109 Upon receipt of a petition, thepeople's court may make an order for advance enforcement in a case where: (1) a claimfor alimony, support, maintenance, pension, or medical expenses is filed; (2) a claimfor employee remuneration is filed; or (3) advanceenforcement is necessary in case of an emer…
     

Enforcement Procedure in International Arbitration in China

Apr 17, 2023

The disputing parties shall comply with the arbitration award. The arbitral tribunal may specify a time period in the award for the disputing parties to perform the obligations under the arbitration award. In the absence of a time period specified in the award, the disputing parties shall perform immediately or within a…
     

Measures to Enforce Arbitration Awards 1

Jun 24, 2023

Propertyreport, fine and detention.
     

Enforcement Actions - Enforcement Officers

Jun 16, 2023

EnforcementActions - Enforcement Officers Enforcement actions shall be taken by enforcementofficers. In the case of a compulsory enforcement action, theenforcement officers shall produce their credentials. Upon completion of anenforcement action, a written record of the enforcement action shall be madeand signed or seal…
     

Dismissal of a Petition for Enforcement of a PRC IAC's Award

Jun 15, 2023

Dismissal of a Petition for Enforcement of a PRC IAC’s AwardWhere a party against whom enforcement of an award made by an international arbitration institution of the People's Republic of China is sought produces evidence to prove that the award was made under any of the following circumstances, the people's court shal…
     

Enforcement by a Foreign Court

Jun 10, 2023

Enforcement by aForeign Court Where a partyseeks to enforce an award of an international arbitration commission that hasbecome legally enforceable and the party against whom enforcement is sought orhis property is not in the territory of the People's Republic of China, theparty seeking enforcement shall directly file a …
     

Advance Enforcement

Jun 08, 2023

Advance EnforcementOrder for advance enforcement. Ininternational commercial arbitration in the PRC, a disputing party may file apetition for advance enforcement where necessary in case of an emergency. Thepeople's court may make an order for advance enforcement if it deems itnecessary.A people's court shall not make an…
     

Return in Case of Erroneous Enforcement

Jun 07, 2023

Return in Case of ErroneousEnforcement Where an awardas the basis for enforcement is held to be erroneous and vacated by thepeople's court after the completion of an enforcement action, the people'scourt shall make an order for the person who has obtained the enforced propertyto return it and take a compulsory enforceme…
     
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Practising lawyers

Robert Zhang

An international arbitration lawyer registered in Shanghai, China. Master's degr…

Steve Li

An international arbitration lawyer registered in Shanghai, China. Master's degr…
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