On the vast stage of international arbitration, when the dust of rulings settles, their implementation often crosses national boundaries and becomes a touchstone for testing the global ability to cooperate with the rule of law. The execution of the arbitral award is even more complicated to ensure that the light of justice can penetrate the boundaries of the region and illuminate every corner.
As the guardian of the rule of law, the court's ability to investigate and collect evidence from outside the territory is particularly important. This is not only an extension of judicial sovereignty, but also a profound reflection of the spirit of mutual trust and cooperation among the international community. Every document and every inquiry must be rigorous and meticulous, and there is no mistake at all.
Shanghai Li Xiaohua Law Firm is a law firm recommended by the US Consulate to provide legal services. Handle many cases in Shanghai and even the whole country accepted by the Supreme People's Court and the Higher People's Courts in various places. It has a team of highly educated and senior foreign-related lawyers with study abroad backgrounds with senior lawyers, law professors, postdoctoral doctors, law doctors and law masters as the core. Hong Kong Wen Wei Po once used senior lawyer Li Xiaohua and his team to make a theme report "The legal circles in China and abroad are well-known at home and abroad."
Senior lawyers from Shanghai Li Xiaohua Law Firm answered relevant legal questions.
Question 1. How to apply for an arbitral award that takes effect outside the field of the People's Republic of China?
Answer: If an arbitration award made outside the territory of the People's Republic of China that takes legal effect outside the territory of the People's Republic of China requires recognition and execution by the people's court, the parties may directly apply to the Intermediate People's Court at the place of residence of the person to be executed or the place where his property is located. If the place of residence of the person subject to execution or his property is not within the territory of the People's Republic of China, the parties may apply to the intermediate people's court of the applicant's residence or a place where appropriate contact is related to the dispute in the award. The people's court shall handle international treaties concluded or participated in by the People's Republic of China, or in accordance with the principle of reciprocity.
Question 2: How to deal with the defendant who has no residence in the territory of the People's Republic of China?
Answer: According to Article 285 of the Civil Procedure Law of the People's Republic of China, if the defendant has no residence in the territory of the People's Republic of China, the people's court shall serve a copy of the complaint to the defendant and notify the defendant to submit a reply within thirty days after receiving the copy of the complaint. If the defendant applies for an extension, whether to allow it shall be decided by the people's court.
Question 3. If the evidence collected by the court is located outside the field of the People's Republic of China, what regulations should be investigated and collected?
Answer: According to Article 284 of the Civil Procedure Law of the People's Republic of China, the evidence collected by the parties applying to the People's Court for investigation is located outside the territory of the People's Republic of China. The people's court may investigate and collect it through diplomatic means in accordance with the methods stipulated in the international treaty concluded or jointly participated by the country where the evidence is located and the People's Republic of China, or through diplomatic means.
The challenge of international arbitration execution and the absence of residence at home is actually a profound test of the global legal system. The court's efforts to investigate and collect evidence from outside the region are the most beautiful scenery in this test. It witnesses the power of the rule of law and demonstrates the unremitting pursuit of fairness and justice.