Succession in Case of Death or Termination in Enforcement Procedure

Jun 03, 2023

Succession in Case ofDeath or Termination in EnforcementProcedureWhere anindividual against whom enforcement is sought dies, his debts shall be paidfrom his estate. Where a legal entity or other organization against whichenforcement is sought is terminated, its obligations shall be performed by thesuccessor to its right…
     

Suspension of Enforcement after Providing Security

May 31, 2023

Suspension of Enforcementafter Providing Security Where a party against whomenforcement is sought provides a security to the people's court in the courseof an enforcement action and obtains the consent of the party seekingenforcement, the people's court may make a decision to suspend the enforcementaction for a specifie…
     

Suspension of Enforcement

May 30, 2023

Suspension of Enforcement Where either party files a petition forenforcement of an award and the other party files a petition for vacation ofthe same award, the people's court that receives the petitions shall make anorder to suspend the enforcement. The people's court shall make an order tosuspend an enforcement action…
     

Settlement in Enforcement

May 25, 2023

Settlement in EnforcementWhere theparties reconcile with each other and reach a settlement agreement on their owninitiative in the course of an enforcement action, a written record of theterms of the agreement shall be made by the enforcement officers and signed orsealed by both parties.Where the partyseeking enforcemen…
     

Entrusted Enforcement

May 23, 2023

Entrusted Enforcement Where the party against whomenforcement is sought or the property to be enforced is in anotherjurisdiction, the enforcement court may request the local people's court inthat jurisdiction for enforcement. The people's court receiving a request forenforcement shall start to take an enforcement action…
     

Liability for Evading Obligations in Enforcement

May 22, 2023

Liability forEvading Obligations in Enforcement A party againstwhom enforcement is sought may be subject to civil or even criminal liabilitiesif he colludes with others in bad faith to evade his obligations under anylegal process in the process of arbitration or mediation. Such liabilities maybe a fine, detention, or ev…
     

Failure of Enforcement

May 20, 2023

Failure ofEnforcement Where apeople's court fails to complete the enforcement action within 6 months fromthe date of receipt of a petition for enforcement, the party seekingenforcement may file a petition with the people's court at the next higherlevel for enforcement. After review, the people's court at the next higher…
     

Challenge to an Enforcement Action

May 19, 2023

Challenge to an EnforcementAction Where a party to an enforcementprocedure or an interested party believes that an enforcement action theprovisions of the applicable law, they may file a written challenge with theenforcement court. Where either party to an enforcement procedure or aninterested party files a written chal…
     
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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