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Notice of the Supreme People’s Court on issues related to the handling of foreign-related arbitration and foreign arbitration matters by the people’s court

In order to strictly implement the provisions of the Civil Procedure Law of the people’s Republic of China and the relevant international conventions to which China is a party, and ensure that litigation and arbitration activities are carried out in accordance with the law, it is now decided to establish a reporting system for the acceptance by the people’s court of foreign-related economic disputes with arbitration agreements, the non enforcement of foreign-related arbitral awards, and the refusal to recognize and enforce foreign arbitral awards. For this purpose, the following notice is hereby made:

  1. If the parties to a case of foreign-related, Hong Kong, Macao and Taiwan related economic, maritime and maritime disputes brought to the people’s court have an arbitration clause in the contract or reach an arbitration agreement afterwards, and the people’s court considers that the arbitration clause or the arbitration agreement is invalid, invalid or unclear and cannot be enforced, it must submit it to the higher people’s court under its jurisdiction for examination before deciding to accept the lawsuit of one party; If the higher people’s court agrees to accept the case, it shall submit its examination opinions to the Supreme People’s court. Before the Supreme People’s court makes a reply, it may temporarily refuse to accept the case.
  2. Where a party applies to the people’s court for enforcement of the award of China’s foreign-related arbitration institution, or applies to the people’s court for recognition and enforcement of the award of a foreign-related arbitration institution, if the people’s court considers that the award of China’s foreign-related arbitration institution falls under one of the circumstances of article 260 of the civil procedure law, or the foreign arbitration award applied for recognition and enforcement is not in line with the provisions of international conventions to which China is a party or does not comply with the principle of reciprocity, Before ruling not to implement or refusing to recognize and implement, it must be reported to the higher people’s court under its jurisdiction for examination; If the higher people’s court agrees not to implement or refuses to recognize and implement, it shall submit its examination opinions to the Supreme People’s court. Only after the Supreme People’s court makes a reply can it rule not to implement or refuse to recognize and implement.

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