Arbitration
Law of the People's Republic of China (Adopted at the Ninth Meeting of the
Standing Committee of the Eighth National People's Congress on August
31, 1994, promulgated by Order No.31 of the President of the People's
Republic of China on August 31, 1994, and effective as of September
1, 1995)
Article 58 Any party who can give evidence to prove that the award comes under one of the following circumstances
may apply to the intermediate people's court of the same region where the Arbitration Commission is located for
rescission of the award:
(1) there was no arbitration agreement between the parties;
(2) the matters as to which the award was made were beyond the scope as specified in the arbitration agreement or
beyond the jurisdiction of the Arbitration Commission;
(3) the formation of the Arbitration Tribunal or the arbitral proceedings were contrary to the statutory procedure;
(4) the evidence on which the award was made was fabricated;
(5) the other party withheld some evidence and the withholding was enough to impair the impartiality of the award; or
(6) the arbitrator, while conducting arbitration of the case, asked for or accepted bribes, played favouritism and
committed irregularities, or conducted arbitration by twisting the law.
Where the people's court, by forming a collegial panel, verifies upon investigation that the award was made under any
of the circumstances as mentioned in the preceding paragraph, it shall make an order to rescind the award.
Where the people's court verifies that an award is prejudicial to the public interests, it shall make an order to rescind
the award.
Article 59 The application of the parties for rescission of an award shall be put forward within a period of six months
after receiving the award.
Article 60 the people's court shall make an order to rescind the award or to reject the application within a period of two
months after accepting an application for rescission of an award.
Article 61 After accepting an application for rescission of an award, if the people's court holds that it may be
rearbitrated by the Arbitration Tribunal, it shall notify the Arbitration Tribunal to make a rearbitration within a certain
period of time limit, and in the meantime, make an order to suspend the rescission procedure. Where the Arbitration
Tribunal refuses to make a rearbitration, the people's court shall make an order to resume the rescission procedure.
Copyright 2001 ShenZhen Arbitration Commission All rights reserved.
Tel:86-(0)755-25831662, 86-(0)755-25831661