The following Arbitration guidance note Produced in partnership with Arthur Dong and Alex Yuan of AnJie Law Firm provides comprehensive and up to date legal information covering:
Under the laws of the People’s Republic China (PRC), a party to an arbitration may apply to a PRC court to challenge or set aside an arbitral award. The set-aside is known as vacation or annulment in many other jurisdictions.
The PRC courts may only set aside arbitration awards that are seated in Mainland China and rendered by the arbitration institutions of Mainland China (Article 58 of the Arbitration Law, 1995 (the Arbitration Law)). The Arbitration Law does not have binding force in respect of awards seated in other jurisdictions. Therefore, the PRC courts cannot set aside arbitration awards seated in Hong Kong, Macau, Taiwan or foreign states.
An application to set aside an award must be filed at the Intermediate Court whose jurisdictional territory encompasses the arbitration institution which rendered the arbitration award (Intermediate Court) Arbitration Law, Article 58). Large cities in China often consist of the jurisdictions of multiple Intermediate Courts. For example, Beijing has four Intermediate Courts and Shanghai has three.
However, an applicant should refer to specific regional regulations to ensure the application to be filed to the right court. For example, now Beijing 4th Intermediate Court is the exclusive court to hear cases of setting aside arbitral awards which are rendered by arbitration institutions located in Beijing, regardless
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