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CHAPTER
SIX ENFORCEMENT Article 62 The
parties concerned shall execute the arbitral award. If one of the parties
refuses to execute the award, the other party may apply for enforcement with
the people's court according to the relevant provisions of the Civil
Procedure Law. The people's court with which the application is filed should
enforce it. Article 63 If
the respondent has produced evidences to substantiate one of the following
cases provided for in the second paragraph of Article 217 of the Civil
Procedure Law, the award shall not be enforced after the verification by the
collegiate bench of the people's court. Article 64
Whereas one party applies for an enforcement while the other applies for a
cancellation of a award, the people's court shall order the termination of
the performance of the award. Whereas the
people's court has ordered the cancellation of an award, it should also order
the termination of performance of the award. Whereas an application for the
cancellation of an award is rejected, the people's court shall order the
restoration of the performance of the award. Chapter Seven Special Provision Article 65 The
provisions in this chapter apply to arbitration of disputes arising from
foreign economic cooperation and trade, transportation and maritime matters.
Matters not covered by this chapter shall be handled according to other
relevant provisions of this law. Article 66 Foreign
arbitration commissions may be formed by the China International Chamber of
Commerce. A foreign
arbitration commission is composed of a chairman, a number of vice-chairmen
and members. The chairman,
vice-chairmen and members of a foreign arbitration commission shall be
appointed by the China International Chamber of Commerce. Article 67
Members of a foreign arbitration commission may appoint arbitrators from
among foreign nationals with specialized knowledge in law, economy and trade,
science and technology. Article 68
Whereas the parties involved in a foreign arbitration case apply for the
custody of evidences, the foreign arbitration commission shall submit the
application to the intermediate people's court at places where the evidences are
produced. Article 69 The
foreign arbitration tribunal may write down its hearings on records or
summary of records. The records shall be signed or affixed with the seals of
the parties concerned and other people participating in the arbitration. Article 70
Whereas the claimant has produced evidences to substantiate one of the cases
as provided for in the first paragraph of Article 260 of the Civil Procedure
Law, the People's court shall form a collegiate bench to verify the facts and
order the cancellation of the award. Article 71
Whereas the respondent has produced evidences to substantiate one of the
cases as provided for in the first paragraph of Article 260 of the Civil
Procedure Law, the people's court shall form a collegiate bench to verify the
facts and order the non-performance of the award. Article 72
Whereas a party involved in a foreign arbitration case applies for the
enforcement of the award that has taken legal effect, the party shall apply
directly with a foreign law court with the jurisdiction for recognition and
enforcement if the party that should implement the award or its property is
not in the territory of the People's Republic of China. Article 73 The
rules for foreign arbitration shall be formulated by the China International
Chamber of Commerce according to this law and the relevant provisions of the
Civil Procedure Law. CHAPTER
EIGHT SUPPLEMENTARY PROVISIONS Article 74
Whereas there is a limited effective period for the arbitration stipulated in
the law, the limit shall apply. Whereas there is not a limited effective
period for the arbitration stipulated by the law, the provisions about limits
for proceedings shall apply. Article 75
Before the China Arbitration Association has formulated arbitration rules,
arbitration commissions may formulate interim rules for arbitration according
to this law and the relevant provisions of the Civil Procedure Law. Article 76
Parties concerned shall pay arbitration fees according to provisions. The schedule of
arbitration fees shall be submitted for approval by the pricing
administrative department. Article 77 The
arbitration of labor disputes and disputes arising from the farm work
contract inside the collective agricultural organizations shall be formulated
separately. Article 78
Whereas the relevant arbitration regulations formulated before the
enforcement of this law come into conflict with the provisions of this law,
the provisions of this law shall prevail. Article 79 The
arbitration organization set up in cities where the people's governments of
the municipalities, provinces and autonomous regions are located and other
cities which have districts shall be reorganized according to the relevant
provisions of this law. Those not reorganized shall be terminated in one
year's time starting from the date of the implementation of this law. Other
arbitration organizations set up before the implementation of this law and
are not in conformity to the provisions of this law shall be terminated
starting from the date of the implementation of this law. Article 80 The
law shall be implemented starting from September 1, 1995. Annex:
Relevant Provisions of the Civil Procedure Law Article 217
Whereas the party against whom the application is made provides evidences
which have proved that the arbitration award involves any of the following
circumstances, the people's court shall, after examination and verification
by a collegial panel, order not to perform the arbitration award: 1. The aprties
have not stipulated clauses on arbitration in the contracts, or have not
subsequently reached a written agreement for arbitration; 2. Matters
proposed for arbitration are out of scope of the agreement for arbitration or
the limits of authority of the arbitration agency; 3. The
composition of the arbitration division or the procedure for arbitration is
not in conformity with the legal procedure; 4. The main
evidences are not sufficient to substantiate the facts; 5. There are
errors in the cited law; or 6. The
arbitrators committed acts of malpractice for personal benefits and perverted
the law in the arbitration of the case. Article 260
Whereas the person against whom the application is made provides evidences
which prove that the arbitration award made by the foreign affairs
arbitration agency of the People's Republic of China involves any of the
following circumstances, the people's court shall, after examination and
verification by a collegial panel, order to stop the execution of the award: 1. The parties
concerned have not stipulated clauses on arbitration in the contract or have
not subsequently reached a written agreement for arbitration; 2. The person
against whom the application is made is not duly notified to appoint the
arbitrator or to proceed with the arbitration, or the said person fails to
state its opinions due to reasons for which he is not held responsible; 3. The
composition of the arbitration division or the procedure for arbitration is
not in conformity with the rules of arbitration; or 4. Matters for
arbitration are out of the scope of the agreement for arbitration or the
limits of authority of the arbitration agency. |