Final and Binding

An arbitration award shall be final and binding upon both disputing parties. Where either disputing party files a request for arbitration or brings a lawsuit after an award has been made for the same dispute, the arbitration commission or people's court shall reject the case. And neither disputing party may request revision of the award by any other entity.

Provided, however, that if an award is vacated or a petition for enforcement of an award is dismissed by a people's court according to law, either disputing parties may file a request for re-arbitration according to the original or a new arbitration agreement or file a lawsuit with a people's court of competent jurisdiction.

Provided, further, that the disputing parties may agree to apply the optional appellate procedure if permitted by the applicable arbitration rules. For example, the second paragraph of Article 51.7 of SCIA Arbitration Rules states,

“The arbitral award is final and binding upon the parties, except for cases in which the parties agree to apply the Optional Appellate Arbitration Procedure. The effectiveness of such arbitral award shall be determined according to article 68 of the Rules and the “Guidelines for the Optional Appellate Arbitration Procedure of the Shenzhen Court of International Arbitration”.