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Reply of the Supreme People's Court on Whether the Party Involved May Appeal aft

(Fa Fu [1997] No. 5)

Higher People's Court of Guangxi Zhuang Autonomous Region,

We have received your request for instruction (Gui Gao Fa [1996] No. 144) and supplement opinions dated January 20, 1997. After deliberation, we hereby reply as follows:

Subject to Articles 140 and 141 of the Civil Procedure Law of People's Republic of China and Paragraph 2 of Article 9 of the Arbitration Law of People's Republic of China, the party involved has no right to appeal against the judgment of the people's court on revocation of the arbitration award or rejection of the application of such party. Where a people's court rules to revoke the arbitration award in accordance with relevant laws, the party involved may either apply for arbitration in accordance with the arbitration agreement re-concluded by both parties, or bring an action in the people's court.

Supreme People's Court of the People's Republic of China

April 23, 1997