Click to back home
Click to back home
  • Home
  • Blogs
  • Services
  • Cases
  • Comments
  • Contact
  • …  
    • Home
    • Blogs
    • Services
    • Cases
    • Comments
    • Contact
中文
Click to back home
Click to back home
  • Home
  • Blogs
  • Services
  • Cases
  • Comments
  • Contact
  • …  
    • Home
    • Blogs
    • Services
    • Cases
    • Comments
    • Contact
中文
Click to back home

Can the application for recognition andenforcement of foreign arbitration awards and judgments be resolved through mediation? -- Answers to Several Difficult Issues Concerning Foreign-related Commercial Trials (Part two) (12)

by the Ningbo Intermediate Court

· Laws and Regulations,Lawyer,Transnational Commerce

Answer: The application for recognition andenforcement of foreign arbitration awards or foreign court judgments is not suitable for mediation and closure of cases. If both parties reach a settlement agreement on the performance content determined in the award or judgment, the applicant may withdraw the application for recognition and execution after the parties sign the out of court settlement agreement on their own. If the obligor fails to fulfill the out of court settlement agreement on time, the applicant may sue the court with jurisdiction based on the agreement. The applicant can
also withdraw the application for recognition and enforcement first, and then the parties directly file a new lawsuit with a domestic court with jurisdiction over the original dispute. The respondent court can file a case to accept and organize mediation between the two parties, and the respondent court can issue a mediation letter, which can specify that the foreign arbitration award or foreign court judgment will no longer be enforced.

 

Subscribe
Previous
How to determine the deadline for applying to Chinese...
Next
Key points for calculating and proving losses of...
 Return to site
Profile picture
Cancel
Cookie Use
We use cookies to improve browsing experience, security, and data collection. By accepting, you agree to the use of cookies for advertising and analytics. You can change your cookie settings at any time. Learn More
Accept all
Settings
Decline All
Cookie Settings
Necessary Cookies
These cookies enable core functionality such as security, network management, and accessibility. These cookies can’t be switched off.
Analytics Cookies
These cookies help us better understand how visitors interact with our website and help us discover errors.
Preferences Cookies
These cookies allow the website to remember choices you've made to provide enhanced functionality and personalization.
Save