Dismissal of a Petition for Enforcement of a PRC IAC's Award
Dismissal of a Petition for Enforcement of a PRC IAC’s Award
Where 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 shall appoint a collegial tribunal to verify the evidence and shall make an order to dismiss the petition for enforcement if the evidence is confirmed by the collegial tribunal:
(1) the contract between the disputing parties does not contain an arbitration clause or no written arbitration agreement was reached after the occurrence of the dispute;
(2) the party against whom enforcement is sought did not receive a notice for the appointment of an arbitrator or a notice of the arbitration proceedings or failed to present his case for any cause not attributable to such party;
(3) the composition of the arbitral tribunal or the arbitration proceeding violated the arbitration rules; or
(4) the issues decided in the award do not fall within the scope of the arbitration agreement or under the jurisdiction of the arbitration institution.
Where the people's court holds that the enforcement of the award would be against the social and public interests, it shall make an order to dismiss the petition for enforcement of the award.
Where a petition for enforcement of an award is dismissed by a people's court, either party may file a request for arbitration if a new arbitration agreement is reached or file a lawsuit with a people's court of competent jurisdiction.
An order to dismiss a petition for enforcement shall be served on both parties and the arbitration institution.
Where a petition for enforcement of an award is dismissed by a people's court, either party may file a request for arbitration if a new arbitration agreement is reached or file a lawsuit with a people's court of competent jurisdiction.
Where a party whose for vacation of an award has been dismissed by the people's court claims to dismiss the petition for enforcement of the award on the same ground as in his petition for vacation, the people's court shall not uphold the claim.
Where a party who failed to challenge the validity of an arbitration agreement in the arbitration procedure claims to vacate the award or dismiss the petition for enforcement on the ground that the arbitration agreement is invalid after the arbitration award is made, the people's court shall not uphold the claim.
Where a party who challenged the validity of an arbitration agreement in the arbitration procedure claims to vacate the arbitration award or dismiss the petition for enforcement on the same ground in his petition for challenge after the arbitration award is made, the people's court shall review the case and uphold his claim if it is confirmed that the arbitration was made under any of the circumstances specified in Article 58 of The Arbitration Law or Article 217 or 260 of The Civil Procedure Law (Note: renumbered as Articles 244 and 281, respectively, in the latest version dated January 1, 2022 ).
Where a party claims to dismiss the petition for enforcement of a consent award made in arbitration or an arbitration award made according to the settlement agreement between the parties, the people's court shall not uphold the claim.
Robert Zhang 
Steve Li 