| After the arbitrary award comes into force,the person who applies for enforcement can put forward his or her application for execution within the legal time limit if the person subject to enforcement refuses to execute the award.In the executing procedure,the person subject to enforcement in the arbitration produces proof that the award has certain conditions according to law and applies to the court for the non-enforcement of the award.Then the court examines in accordance with legal procedures and decides the non-enforcement in case there are the conditions claimed by the person subject to enforcement.The whole process is the system of judicial review of non-enforcement of arbitrary award.This system has been provided in the Arbitration Law,the Supreme People’s Court’s Interpretation of Several Issues Concerning the Implementation of the Arbitration Law of the People’s Republic of China of 2006,in the Civil Procedure Law modified in 2012,and the Supreme People’s Court’s Interpretation of Applying the Civil Procedure Law of the People’s Republic of China of 2015.Owing to the too general and ambiguous provisions,there are quite a few problems in judicial practice.Under such a circumstance,it is imperative to reform the system.To be specific,the restrictive provisions of time limit can be further improved;the limits to cost and times for applying for the non-enforcement of arbitrary award should be set;the procedures for reviewing should be specified;the remedy for the non-enforcement of arbitrary award should be improved;the party should be empowered to appeal or require re-trial of the decision for non-enforcement;state compensation should be introduced appropriately;and the effective communication between the court and the arbitrary agencies should be set up.Only with the measures above,can the disadvantages of the system of judicial review of non-enforcement of arbitrary award be reduced to the minimum extent so as to promote arbitration to advance in our country. |
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