Petition for Enforcement of an Award to Be Dismissed
Petition for Enforcement of an Award to Be Dismissed
After an award has been made by an international arbitration commission in China, the losing party should perform his obligations thereunder within the time period specified in the award. If no time period for performance is specified, the losing party should perform the award promptly after the award is made.
In case of failure by the losing party to perform the award, the winning party may file an application with a competent court for enforcement. The losing party, within six months from the date on which the award is made, may file a petition with the enforcement court for vacating the award by adducing evidence to prove that:
1. The award was made in the absence of a valid written award. For example, the parties didn’t reach a written arbitration agreement prior to referring to arbitration, the arbitration agreement or clause is invalid, etc.;
2. The arbitration procedure was against the law. For example, the losing party didn’t receive a notice for appointing an arbitrator or a notice of hearing, or wasn’t given an opportunity for presenting his case, etc., for any cause other than his own fault; the composition of the tribunal or the hearing proceeding was in violation of the law or the applicable arbitration rules, etc.; or
3. The award is in violation of the law. For example, the award contains a decision on any unarbitrable issue, such as issues relating to family or marital relations, adoption, or succession, or administrative disputes that should be resolved by administrative authorities, or a dispute that is not covered by the arbitration agreement is included in the award, etc.
After the losing party files a petition for vacating the award, the enforcement court will review the case by a collegial tribunal and make an order based on the results of the review. Such an order may be an order for confirming the validity of the award or vacating the award.
If the validity of the award is confirmed, the enforcement action will continue and the losing party is obliged to perform his obligations under the award. In case of his failure to perform his obligations, mandatory measures, including freezing, seizure, detention, fine, etc., will be taken.
If the award is vacated, the enforcement court will notify the arbitration commission to re-arbitrate the case or notify the disputing parties to file a lawsuit or enter into a new arbitration agreement if the arbitration agreement as the basis of the award is invalid.
Robert Zhang 
Steve Li 