《29民诉法之仲裁裁决的执行与不予执行(09年司考三大本分段学习)（29. implementation and refusal of the arbitration award of the law of the people (the first three sections of the sau study in 2009)）》由会员分享，可在线阅读，更多相关《29民诉法之仲裁裁决的执行与不予执行(09年司考三大本分段学习)（29. implementation and refusal of the arbitration award of the law of the people (the first three sections of the sau study in 2009)）（12页珍藏版）》请在金锄头文库上搜索。
1、29民诉法之仲裁裁决的执行与不予执行(09年司考三大本分段学习)（29. Implementation and refusal of the arbitration award of the law of the people (the first three sections of the sau study in 2009)）Section 1 enforcement of Arbitral AwardsIn accordance with the provisions of the Arbitration Law of China, the arbitration award shall
2、 be legally effective as of the date of its making, and the parties concerned shall take the initiative to perform the arbitration award. The arbitration mediation and arbitration award has the same legal effect, mediation by both parties sign, namely should consciously implement. Under normal circu
3、mstances, when the parties agree to submit the dispute to arbitration, they will voluntarily perform the arbitration award. But in fact, for various reasons, the parties do not automatically perform arbitral awards are not uncommon, in this case, the other party can request the court to enforce the
4、arbitral award.I. The concept of enforcement of Arbitral AwardsThe enforcement of arbitral awards, that is, the enforcement of arbitral awards, refers to the actions and procedures that the peoples courts apply to the parties to take coercive measures to implement the contents of the arbitral awards
5、.The enforcement of arbitral awards is the ultimate and most important manifestation of the courts support for the arbitration system. It constitutes an important component of the arbitration system and the enforcement of arbitral awards is of great significance in the arbitration system:1., the enf
6、orcement of arbitral awards is an effective guarantee for the realization of the rights of the parties concerned. The arbitration award only provides the obligee with the possibility to realize his rights, because the arbitral award is legally enforceable and can compel the obligor to fulfil his obl
7、igations. However, only after the arbitral award is really implemented can the obligee realize his rights.2., the enforcement of arbitral awards is the ultimate guarantee for the existence and development of the arbitration system. The obligor does not take the initiative to fulfill the arbitration,
8、 if the law does not give the arbitral award to enforce the effectiveness of the arbitration award is just a mere scrap of paper. Only when the procedure is stipulated can the authority of arbitral award be embodied, the development of the arbitration system can be guaranteed as well as the realizat
9、ion of the rights of the parties.Two. The conditions for the execution of the arbitral awardThe execution of an arbitration award must comply with the following conditions:(a) the application must be made by the party concernedWhen one party fails to perform the arbitration award, the other party (t
10、he obligee) must submit an application to the peoples court, and the peoples court may start the execution procedure. Whether to apply to the peoples court for enforcement is the right of the party concerned, and the peoples court has not taken the initiative to take enforcement measures and has the
11、 power to perform the arbitration award.(two) the party concerned must file an application within the statutory time limitWhen an arbitration party applies for an application, it shall abide by the statutory time limit and exercise its rights in time, exceeding the statutory time limit, and then, wh
12、en the application is made, the peoples court will not accept it. About the application execution time, provisions of arbitration law, the parties may in accordance with the relevant provisions of the civil procedure law, namely the application execution time, one or both parties are citizens for 1
13、years, both parties are legal persons or other organizations for 6 months. The time limit shall be counted from the last day of the performance of the provisions stipulated in the legal instrument; the legal documents stipulate that the performance shall be carried out in installments, and shall be
14、counted from the last day of the prescribed period of each performance.(three) the party must file an application with the peoples court with jurisdictionIf a party applies for the execution of the arbitration award, he must submit it to the peoples court that has jurisdiction over it. The interpret
15、ation of the arbitration law stipulates that a party applying for the execution of an arbitral award shall be under the jurisdiction of the intermediate peoples court at the place where the person subjected to enforcement is domiciled or where the property is executed.Three. Procedures for the execu
16、tion of Arbitral Awards(I) application for enforcementIf the party concerned fails to perform the arbitration award within the prescribed time limit, the right party shall have the right to request the peoples court to enforce the case in conformity with the aforesaid conditions. When the parties apply for enforcement to the peoples court shall submit a written application for enforcement, the application shall be
