国际商法概述—经济管理学院.pptVIP

（三）中国法律关于承认和执行仲裁裁决的规定 1、中国国际商事仲裁机构仲裁裁决在中国的执行 If one party fails to comply with the arbitral award, the other party may apply for its enforcement to the intermediate peoples court of the place where the party against whom the application for enforcement is made has his domicile or where his property is located. 一方当事人不履行的，对方当事人可以申请被申请人住所地或财产所在地的中级人民法院执行。 仲裁裁决有下列情形之一的，经人民法院组成合议庭审查核实，裁定撤销或不予执行： (1) the parties have not had an arbitration clause in the contract or have not subsequently reached a written arbitration agreement; 当事人在合同中没有订有仲裁条款或者事后没有达成书面仲裁协议的； (2) the party against whom the application for enforcement is made was not given notice for the appointment of an arbitrator or for the inception of the arbitration proceedings or was unable to present his case due to causes for which he is not responsible; 被申请人没有得到指定仲裁员或者进行仲裁程序的通知，或者由于其他不属于被申请人负责的原因未能陈述意见的； (3) the composition of the arbitration tribunal or the procedure for arbitration was not in conformity with the rules of arbitration; 仲裁庭的组成或者仲裁的程序与仲裁规则不符的； (4) the matters dealt with by the award fall outside the scope of the arbitration agreement or which the arbitral organ was not empowered to arbitrate. 裁决的事项不属于仲裁协议的范围或者仲裁机构无权仲裁的。 2、中国国际商事仲裁机构仲裁裁决在外国的承认和执行 If a party applies for enforcement of a legally effective arbitral award made by an arbitral organ in the Peoples Republic of China handling cases involving foreign element and the opposite party or his property is not within the territory of the Peoples Republic of China, he may directly apply for recognition and enforcement of the award to the foreign court which has jurisdiction. 我国涉外仲裁机构作出的发生法律效力的仲裁裁决，当事人请求执行的，如果被执行人或者其财产不在中华人民共和国领域内，应当由当事人直接向有管辖权的外国法院申请承认和执行。 3、外国仲裁裁决在中国的承认和执行 If an award made by a foreign arbitral organ requires the recognition and enforcement by a peoples court of the Peoples Republic of China, the party concerned shall directly apply to the intermediate peoples court of the place where the party subjected to enforcement has his d