Recently I represented a client to apply for the enforcement of an arbitration award by CIEAC to a Intermediate Law Court of Tianjin city. Applying for enforcement of arbitration award is a legal procedure in China, requiring specific documents and steps. Herebelow I share the application for the enforcement of an arbitration in China, and annalyze some important points during the process.

Applicable arbitration cases: (1)the arbitration award made by arbitration institution according to the laws of arbitration.(2) the mediation paper made by arbitration institution.

The claimant shall apply for the enforcement of arbitration to the court of jurisdiction, that is: the intermediate court of : (1)the domicile of the respondent, or (2)the enforceable assets.

The request may be refuted if it is not clear, such as in any of the following:

1. The subject of rights and obligations is not clear
2. The amount of monetary payment or the calculation method is unclear
3. The specific item to be delivered is unclear or undeterminable
4. The standards, objects, and scope of behavior fulfillment are not clear

Preliminary mediation refers to a procedural mechanism in which, after accepting a civil case and before formally entering the litigation process, the people’s court, either ex officio or upon the application of the parties, guides the parties to negotiate on an equal footing, show mutual understanding and accommodation, and reach a substantive resolution of the dispute through various methods such as appointing a mediation organization, designating a full-time mediator, or having a judge preside over the mediation, provided that both parties agree, for cases suitable for mediation.

The applicant in the court enforcement procedure in China has the right to apply for audit the defendant company. Here we look at it.

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1. Is the BIT signed by China applicable to Hong Kong and Macao regions
2. Are the provisions in the BITs signed by China with foreign countries within the scope of arbitration
3. Whether Chinese state-owned enterprises are eligible investors for arbitration
4. Does the Most Favored Nation (MFN) clause of China’s BITs with foreign countries apply to dispute resolution
5. The nature of the “cooling off period” provision for arbitration in BITs signed by China with foreign countries

What’s the necessary clauses when making a promissory note in China? In this article, Lawyer Wang Jingzhan will give you some tips on how to make an effective promissory note according to China legal practice.

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Foreign investment company in China may come to be liquidated in some stage, what’s the process of liquidation? and Is there some legal risks on the process? Lawyer Jingzhan.Wang will talk about the corporate liquidation.

If parties agreed that the contract will be automatically cancelled when some condition is met, would the contract be cancelled without notification to the other party？

Contract cancellation is one of the most important ways to terminate contractual right and obligation, and it’s a fundamental change of the contract status. As per the laws of China, the ways of cancellation of contract include: cancellation by negotiation, and cancellation by one party executing his right to cancel. The relevant expression of his will to cancellation shall be made to make all parties concious of that” whether the contract status has a fundamental change or not”. It depends on the party’s will to decide whether he will exercise his right to cancellation or not, and the relevant fact and reason

According toprovision 565 of China’s Civil Code,if one party claims to cancellation of contract in line with the law, he should notify the other party. The contract shall be cancelled when notification is reached to the other party; if it’s stated in the notification that the contract will be cancelled when the debtor fails to fulfill his debt in a specified timeframe, the contract shall be cancelled upon the timeframe expires. Either party could apply to court or arbitration to confirm the validation of the contract cancellation.

This legal provision puts emphasis on that : when one party exercise his right to cancellation based on agreement or legal stipulation, the party shall send a notification to the other party, expressing his definite will.

(This article is made by Mr.Wang Jingzhan from Tianjin Bozhuan Law Firm)