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Zhejiang Ningbo Completed the First Execution Supervision Case for Foreign Arbitration
2015-February-6 Source: Newsgd.com
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A foreign arbitration executed case lasted 4 years at the amount of more than 1 million RMB, is resumed to execute by the Ningbo Intermediate Court under the legal supervision of Ningbo People’s Procuratorate.

The applicant of this case is a Spanish company, which was in dispute with a Ningbo listed group company because of the technology development contract. After arbitration, the China international economic and trade arbitration commission Shanghai branch required the listed group company to pay EUR 907,500 to the Spanish company and to bear the arbitration fee RMB 208,161.

According to the aforesaid effective arbitration award, the Spanish company applied for execution in the Ningbo Intermediate Peoples’ Court. In December 2007, Ningbo Intermediate Court then sent a notification of execution to the listed group company, requesting the listed group company to pay EUR 907,500 in installment. In December 2009, Ningbo Intermediate Court closed the case with conciliation of enforcement, without executing the penalty and arbitration fee.

In 2013, the Spanish company reflected the execution problems to Ningbo Peoples’ Procuratorate on this case. According to the revised Civil Procedure Law, the Procuratorate is entitled to supervise the execution case, therefore, the Procuratorate decided to initiate an investigation in accordance with the law.

In November 2013, Ningbo Peoples’ Procuratorate issued a procuratorial suggestion to Ningbo, stating that the listed group company shall pay two times of the penalty for delayed payment apart from the amount awarded by the arbitration. Besides, the Intermediate Court failed to execute all amount awarded by the arbitration within legal period, which is violated the law. Further, the Intermediate Court is in violation of law by closing the case with conciliation of enforcement under the circumstance that two parties have not concluded a settlement agreement. As a result, the Procuratorate suggested the Intermediate Court to take immediate measures to complete the enforcement and to resolve the problem arisen.

Ningbo Intermediate Court adopted the procuratorial suggestion in written, and executed all the penalty for delayed payment and arbitration fee in cooperation with Ningbo Peoples’ Procuratorate.

(This information is provided by Lawyer Kelly Xie from Guangdong KaiTong Law Firm in friendship. It is not any legal opinion or legal grounds addressed to any organization or individual. For inquiry, please contact Kelly via email at Kelly_xie@ktlf.com.cn or by phone on 13926185641.)

 

Editor: 王凯
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