Vacation of an Award in International Arbitration - Petition for Vacation

The Arbitration Law states,

“Article 58 After an arbitration commission makes an award, either party may file a petition for vacation of the award to the intermediate people's court in the jurisdiction where the arbitration commission is located if the party has evidence to prove that:

(1)     the award was made in the absence of an arbitration agreement;

(2)     the issues decided in the award do not fall within the scope of the arbitration agreement or under the jurisdiction of the arbitration commission;

(3)     the composition of the arbitral tribunal or the arbitration proceeding violated the procedure established by law;

(4)     the evidence relied upon by the arbitral tribunal when making the award was falsified;

(5)     the other party concealed any evidence which was sufficient to affect the impartiality of the award; or

(6)     the arbitrator or arbitrators making the award solicited or accepted bribes, committed malpractices for personal gain, or perverted the law in making the award.”

(Note: In accordance with the Interpretations of the Supreme People's Court on Issues Pertaining to the Application of The Arbitration Law of the People's Republic of China, "violation of the procedures established by law" refers to any violation of the arbitration procedures specified in The Arbitration Law or the arbitration rules selected by the parties which may affect the impartial arbitration of the case.)

The peoples' court shall appoint a collegial tribunal to verify the case and make an order to vacate the award if the collegial tribunal confirms that the award was made under any of the circumstances specified in the preceding paragraph.

Where the people's court holds that the award is against the social and public interests, it shall make an order to vacate the award.