中国海事商事仲裁资讯2024年第1季度,2024Q1

China Newsletter on Maritime and Commercial Arbitration (CHNOMACA)

The Supreme People's Court amends Relevant Provisions on Issues concerning Applications for Verification of Arbitration Cases under Judicial Review

FROM:CMAC | 2022-01-01

In accordance with the needs of trial practice, it was decided at the 1850th meeting of the Judicial Committee of the Supreme People's Court to amend the Relevant Provisions of the Supreme People's Court on Issues concerning Applications for Verification of Arbitration Cases under Judicial Review as follows: (1) The amended Article 3 would be "In cases of judicial review of arbitration not involving foreign countries and Hong Kong, Macao and Taiwan as provided for in paragraph 2 of Article 2 of this provision, if the High People's Court , after examination, intends to agree to an intermediate people's court or a special people's courts decision to refuse to enforce or sets aside an arbitral award of an arbitral institution in the Mainland of China on the ground of public interest, it shall report to the Supreme People's Court for approval, and only after the Supreme People's Court has examined the case shall it make a ruling in accordance with the examination opinion of the Supreme People's Court." (2) an article is added as Article 4: "In cases to be examined by the High People's Court pursuant to paragraph 2 of Article 2 of this provision, the High People's Court shall report to the Supreme People's Court within fifteen days from the date of the examination and approval opinion." (3) the former Article 4 would be Article 5. (4) the former Article 5 would be Article 6. (5) the former Article 6 would be Article 7. (6) the former Article 7 would be Article 8. (7) the former Article 8 would be Article 9. This Decision shall come into force on 1 January 2022. (source: court.gov.cn)