Suspension of Enforcement

Suspension of Enforcement

Where either party files a petition for enforcement of an award and the other party files a petition for vacation of the same award, the people's court that receives the petitions shall make an order to suspend the enforcement.

The people's court shall make an order to suspend an enforcement action:

(1) if the party seeking enforcement agrees to extend the enforcement period;

(2) if an interested party files a grounded challenge to the subject matter of enforcement;

(3) if an individual who is a party to the case dies and it is necessary to wait for his successors to succeed to his rights or obligations;

(4) if a legal entity or other organization which is a party to the case is terminated and the successor of its rights and obligations has not been determined; or

(5) under other circumstances where the people's court deems it necessary to suspend the enforcement action.

The enforcement action shall continue after the circumstance causing the suspension disappears.

The order to suspend an enforcement action shall take effect promptly upon service on the parties.

Where an interested party files a written challenge to the subject matter of enforcement in the course of an enforcement action, the people's court shall review the challenge within 15 days from the date of receipt of the challenge and make an order to suspend the enforcement of the subject matter if the challenge is grounded or dismiss the challenge if it is ungrounded. Where the interested party or either party to the case challenges the order, the procedure for trial supervision shall be applied if they claim that there is an error in the original decree or order to be enforced, or they may file a lawsuit with a people's court of competent jurisdiction within 15 days from the date of service of the order if their challenge is irrelevant to the original decree or order to be enforced.