(“NOTICE”) (最高人民法院关于正确审理仲裁审查案件有关问题 的通知), ISSUED BY THE SUPREME PEOPLE’S COURT
In 2013, the former Shanghai sub-commission and South China sub-commission (“Former Sub-commissions”) of the China International Economic and Trade Arbitration Commission (“CIETAC”) announced their independence from the CIETAC, and successively changed their official names into and Shenzhen Court of International Arbitration (abbreviated as SCIA), respectively.
The formal split of CIETAC has led to uncertainty on the pre-split arbitration clauses providing for the Former Sub-commissions as the institution agreed by the parties for dispute resolution. Local courts have differed quite a lot when dealing with the enforcement of arbitral awards rendered by the Former Sub -commissions. Being aware of the increasing concerns arising from the local court’s chaos in their decisions, the Supreme People’s Court (“SPC”) issued the Notice to address this matter.
Under the Notice, any lower court that hear a case arising out of the split of CIETAC must report its intended decision to the SPC on a level-by-level basis; local courts are not permitted to make any rulings before the SPC gives its opinions on the reported cases.
Date of issue: September 4, 2013.