Procedures for Preservation

Mar 25, 2023

Article103 Where a decree may becomedifficult to enforce or other damages may be incurred to a party due to theacts of the other party or for other reasons, the people's court may, upon thepetition of the first party, make an order for preservation of the property ofthe other party or order the other party to perfor…
     

Circumstances under Which a Petition for Preservation of Evidence May Be Filed

Mar 25, 2023

Whereany evidence may be destroyed or become difficult to obtain, the people's courtmay, upon receipt of a petition or on its own initiative, make an order forpreservation of the evidence during the proceedings.Whereany evidence may be destroyed or become difficult to obtain in case of anemergency, an interested party m…
     

Petition for Preservation of Property in International Arbitration in China

Apr 17, 2023

In international arbitration in China, a disputingparty may file a petition for preservation of property to the arbitrationcommission or the intermediate people’s court of competent jurisdiction if hebelieves that the arbitration award may become unenforceable or difficult toenforce due to the acts of the other party o…
     

Interested Party’s Petition for Preservation of Property in International Arbitration in China

Apr 17, 2023

in accordance with the applicable law of the PRC, an interested party in international arbitration is entitled to file a petition for preservation of property during the process of arbitration proceedings. The following applicable provisions are cited for reference: In case of an emergency where thelawful rights and int…
     

Scope of and Measures for Preservation of Property in International Arbitration in China

Apr 17, 2023

Scope of and Measures for Preservation of Property in International Arbitration in China Scope ofPreservation and EnforcementAccording to the Civil Procedure Law of the People's Republic of China, an order for preservation and anenforcement action must be limited to the extent of the petition or theproperty or par…
     

Petitioner’s Obligation to Provide Security for Preservation of Property

Apr 17, 2023

According tothe Civil Procedure Law of the People’s Republic of China, a petitioner forpreservation of property or evidence or enforcement of a decree, an arbitrationaward, or other legal processes, shall be obliged to provide security for hispetition as determined by the court.If thepetitioner fails to provide the sec…
     

Preservation of Evidence in International Arbitration in China

Apr 17, 2023

A disputing party may file a petition forpreservation of evidence to the arbitration commission if he believes that anyevidence may be destroyed or become difficult to obtain.In international arbitration in China, thearbitration commission that receives a petition for preservation of evidenceshall refer the petition to …
     

Time Periods in the Case of Preservation of Property in International Arbitration in China

Apr 17, 2023

Time Periodfor Acceptance or Rejection of a Petition for Preservation of PropertyAfterreceiving a petition for preservation of property, the people's court shallmake an order of acceptance or rejection within 48 hours in case of anemergency. Where it accepts the petition and makes an order for preservation,it shall star…
     
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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