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Reply of the People's Supreme Court on Matters Concerning How to Deal with Prote

Reply of the People's Supreme Court on Matters Concerning How to Deal with Protests Made by The People's Procurator against Arbitral Award Revocation Made by Civil Courts

Fa Shi [2000] No.17

(Passed at the 1121st session of the Judicial Committee under the People's Supreme Court June 30, 2000)
Announced by the People's Supreme Court of the People's Republic of China

The Reply of the People's Supreme Court on Matters Concerning How to Deal with Protests Made by The People's Procurator against Arbitral Award Revocation Made by Civil Courts passed at the 1121st session of the Judicial Committee under the Supreme People's Court on June 30, 2000 is hereby promulgated and shall be in effect as of July 15, 2000.

The People's High Court of Shanxi Province:

We have received the Modus of Instruction on How to Deal with Protests Made by The People's Procurator against Arbitral Award Revocation Made by Delegated Civil Courts (Shan Gao Yuan [1999] No.183) and reply as follows:

The People's court may neglect any protest made by The People's Procurator against arbitral award revocation made by civil courts if the legal basis for such protest is insufficient. According to Article 9 of the Arbitration Law of the People's Republic of China, relevant parties may either apply for arbitration upon an arbitration agreement or file a lawsuit with The People's Court should the original arbitral award be revoked.

It is hereby replied.