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Anonymous users2024-02-061) The parties making the request are different.
The party entitled to apply for setting aside the arbitral award may be any party to the arbitration case, whether it is the obligee or obligor determined by the arbitral award; The party entitled to request non-enforcement of the arbitral award can only be the party against whom enforcement of the arbitral award is sought.
b) The time limit for making a request is different.
Where a party requests the revocation of an arbitral award, it shall submit it to the people's court within 6 months from the date of receipt of the arbitral award; On the other hand, a party's application for non-enforcement of an arbitral award occurs after the other party applies for enforcement of the arbitral award and before the court makes a ruling on whether to enforce the arbitral award.
3) The competent court is different.
A party's application for setting aside an arbitral award shall be filed with the Intermediate People's Court at the place where the arbitration commission is located, and a party's application for non-enforcement of the arbitral award can only be filed with the court where the applicant for enforcement has made the application.
4) The statutory grounds are different.
Items 4 and 5 of Article 58 of the Arbitration Law on the grounds for applying for revocation of an arbitral award are: the evidence on which the award is based is forged, and the other party has concealed evidence sufficient to affect the impartiality of the award; Items 4 and 5 of the reasons for applying for non-enforcement of the arbitral award are, respectively, that the main evidence for the determination of facts is insufficient and the application of law is indeed wrong.
Moreover, the people's court may also set aside the arbitral award on the grounds that it is contrary to the public interest of the DU Council. The difference in statutory grounds shows that when the people's court reviews the revocation of an arbitral award, it focuses on the review of the determination of facts in the arbitral award; In the case of non-enforcement of an arbitral award, both the facts ascertained in the arbitral award and the law applicable to the arbitral award are examined.
v) The legal procedures are different.
In the procedure for setting aside an arbitral award, if the court considers that the arbitral tribunal can re-arbitrate, it shall notify the arbitral tribunal to re-arbitrate within a certain period of time; In the case of non-enforcement of the arbitral award, the court may not require the arbitral tribunal to re-arbitrate.
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Anonymous users2024-02-05One is, that's it, but wait and see. The other is, don't talk nonsense, that's not the case at all, hurry up and give me something to eat.
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Anonymous users2024-02-04One is aborted and the other is attempted.
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Anonymous users2024-02-03A person, a heart, a lifetime of waiting. One person, one city, a lifetime of distress. One person, one road, a lifetime of loneliness.
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Anonymous users2024-02-02Admitting a mistake but not being able to fulfill it compensates for my innocence.
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Anonymous users2024-02-01What is the difference between law enforcement and justice?
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