Petition for Preservation of Property in International Arbitration in China

In international arbitration in China, a disputing party may file a petition for preservation of property to the arbitration commission or the intermediate people’s court of competent jurisdiction if he believes that the arbitration award may become unenforceable or difficult to enforce due to the acts of the other party or for other reasons. Different from the procedure in litigation in which the people’s court may decide to take property preservation measures ex officio, a petition must be filed by a disputing party in arbitration.

If a petition for preservation of property is filed at fault, the petitioner will be obligated to compensate the owner of the property for the losses incurred thereby.

The arbitration commission, after receiving a petition for preservation of property, shall refer the petition to the people's court jurisdiction of competent jurisdiction where the property to be preserved or the domicile of the party against whom the petition is filed is located or the people's court of competent jurisdiction over the case before referring to arbitration.

An order for preservation of property shall be enforced by sealing up, seizing, freezing, or otherwise as specified by law.

After a people's court has preserved any property, it shall promptly notify the person whose property has been preserved.

Any property that has been sealed up or frozen shall not be sealed up or frozen for a second time.

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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China International Arbitration Lawyers, membered by international lawyers and arbitrators experienced in international arbitration and litigation practising in Shanghai, authors of tens of published works.
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