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    ?pproval of the Supreme People's Court on the application of laws such as the "pre-arbitration" award of an arbitration institution or the filing and execution of a mediation statement

    2018/6/21 8:57:18      Click:719
    Peoples Republic of China Supreme Peoples Court Announcement
    The Supreme Peoples Courts Reply on the Application of the Law of the Arbitration Institutions "Advance to Arbitration" Award or Mediation Statement to File Cases and Execute etc. was adopted at the 1740th meeting of the Trial Committee of the Supreme Peoples Court on May 28, 2018.
    Supreme Peoples Court
    5 June 2018
    Interpretation[2018] No. 10
                       (Adopted at the 1740th meeting of the Trial Committee of the Supreme Peoples Court on May 28, 2018, and implemented as of June 12, 2018)
    Guangdong Provincial Higher Peoples Court:

           Your courts "Request on whether the" Advance Arbitration "award should be filed for execution"(Guangdong Province Law[2018] No. 99) received. After study, the approval is as follows:

           Where a party applies to a peoples court for the enforcement of an arbitral award or a conciliation statement made by an arbitration institution in accordance with the arbitration law, the peoples court, after examination and compliance with the relevant provisions of the civil procedure law and the arbitration law, shall accept the case in a timely manner and file a case for execution. However, according to the provisions of Article 2 of the Arbitration Law, the arbitration institution may arbitrate disputes arising from contracts and other property rights and interests disputes between the parties. Therefore, if a party to an online loan contract applies for the enforcement of an arbitral award or conciliation statement made by an arbitration institution before the dispute arises, the peoples court shall decide not to accept it; If it has been accepted, it will rule against the execution application.

          The following cases mentioned in your request shall be deemed to be "cases in which the composition of the arbitral tribunal or the procedures for arbitration violate the legal procedures" as stipulated in paragraph 2(c) of Article 237 of the Civil Procedure Law:

         An arbitration institution that fails to hear a dispute or preside over a mediation in accordance with the procedures prescribed by the arbitration law shall make an arbitration award or arbitration mediation statement in accordance with the settlement or mediation agreement signed by the parties to the online loan contract before the dispute arises;

         In the course of arbitration, the arbitration institution fails to safeguard the basic procedural rights stipulated in the arbitration law, such as the parties application for the arbitrators withdrawal, the provision of evidence, and the defense.
         Under the circumstances specified in the preceding paragraph, the peoples court shall not support the claim of the parties to the online loan contract that the arbitration procedure has not violated the legal procedure on the ground of the agreed waiver clause.
    This reply shall apply to other cases handled by the peoples courts for the execution of contract disputes, property rights disputes or conciliation statements.
    This complex.

    Responsible Editor: Longjiangnan


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