Advance Enforcement

Advance Enforcement


Order for advance enforcement. In international commercial arbitration in the PRC, a disputing party may file a petition for advance enforcement where necessary in case of an emergency. The people's court may make an order for advance enforcement if it deems it necessary.


A people's court shall not make an order for advance enforcement unless:

(1)    the rights and obligations of the parties are beyond any doubt, and the life or operation of the party seeking advance enforcement will be materially affected in the absence of advance enforcement; and

(2)    the party against whom advance enforcement is sought has the ability to perform his obligations.


Security for advance enforcement. A people's court may order the party seeking advance enforcement to provide a security before making an order for advance enforcement, and shall dismiss the petition if the party fails to provide the security as ordered. Where the party seeking advance enforcement loses the case, he shall compensate the losses incurred by the party against whom advance enforcement is sought due to the advance enforcement.


Challenge to an order for advance enforcement. Where a party against whom an order for preservation or advance enforcement is made challenges the order, he may file a petition for a re-consideration. The enforcement of the order shall not be suspended during the period of reconsideration.

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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