How do I apply to set aside a final award? How to apply for setting aside an award

1) An application for revocation of an arbitral award is an act in which a party submits an application to a people's court with jurisdiction in accordance with the law for an arbitral award that meets the statutory circumstances for revocation, and the party concerned shall not directly apply to the arbitration commission;

2) The exercise of the power to set aside an arbitral award on the basis of the application of a party is a passive act of the people's court, and the people's court shall not take the initiative to exercise the power to set aside the arbitral award. Chapter 5 of the Arbitration Law of the People's Republic of China has a special chapter on the system of applying for the revocation of an arbitral award, and Article 58 specifically lists the circumstances under which an application for an effective arbitral award may be made. This is not to negate the system of finality of the arbitral award, but to grant certain judicial relief when there is evidence to prove that the arbitral award can be set aside under the circumstances.

The establishment of a supervisory mechanism in the Arbitration Law to apply for the revocation of an arbitral award is of great significance to ensure the legality and correctness of the arbitral award. The following conditions must be met in order to apply for the revocation of the arbitral award: 1. The subject of the application for revocation of the arbitral awardThe Arbitration Law stipulates that the subjects who have the right to apply for the revocation of the arbitral award are the parties, i.e., the claimant and the respondent.

Only the parties to the arbitration can apply to the court for annulment, and no one else can do so. 2. There are certain time limits on applying for the setting aside of an arbitral award. Where a party applies for revocation of an award made by a party to an arbitral award, it shall do so within 6 months from the date of receipt of the award.

If the parties do not apply for revocation of the arbitral award within the above-mentioned period, it means that the parties to Zaolian have voluntarily waived this right to protect their interests, and can no longer apply for revocation of the arbitral award, but should consciously perform the substantive obligations determined in the arbitral award, and the other party can also apply to the people's court with jurisdiction for enforcement after this time limit. 3. The party with jurisdiction to apply for revocation of the arbitral award shall apply to the Intermediate People's Court at the place where the arbitration commission is located to set aside the arbitral award. It should be noted that the basic court does not have the power to set aside the award of the arbitration commission, and it must be an intermediate court.

4. The Arbitration Law provides corresponding provisions on the circumstances under which an application for revocation of an arbitral award shall be met, which can be summarized as follows: there is no arbitration agreement or the arbitration agreement is invalid; The arbitral award deals with a dispute outside the scope of the arbitration agreement, or the disputed matter adjudicated is a matter that CIETAC is not authorized to arbitrate; The arbitrator has committed any crime in the course of the arbitration; The evidence on which the arbitral award is based is forged or altered; Wait a minute.

The arbitral award has legal effect after it is rendered, and the award is final, but this does not mean that all the awards are irrevocable. In order to ensure the legitimacy of the award, the law provides that under certain circumstances, the parties may apply to the court to set aside the award. Article 50 of China's Arbitration Law stipulates that:

If a party submits evidence to prove that the award falls under any of the following circumstances, it may apply to the Intermediate People's Court at the place where the arbitration commission is located to set aside the arbitral award:

1. There is no arbitration agreement. The absence of an arbitration agreement includes the absence of an arbitration clause in the contract or a written arbitration agreement. The arbitration agreement is evidence that both parties voluntarily accept the jurisdiction of arbitration, and it is also the basis for the arbitration commission to accept the arbitration dispute and exercise the arbitration jurisdiction.

If the parties do not sign an arbitration agreement, they cannot apply for arbitration and the arbitration commission cannot accept it. Any party may raise a defence to the people's court on the ground that the arbitration agreement does not have jurisdiction over the relevant arbitration institution and the arbitral award made therefrom. There are three ways to determine whether there is an arbitration agreement between the parties.

The first is to examine whether the parties have an arbitration clause, which is an integral part of the contract. The parties often use this clause to clarify the expression of intent to arbitrate and the matters to be arbitrated, and select the arbitration institution. The second is to examine whether the parties have entered into an arbitration agreement.

It is an agreement entered into by the parties before or after the dispute arises and the parties agree to submit it to arbitration. The third is to consult other relevant written documents.

2. The matter adjudicated does not fall within the scope of the arbitration agreement or the arbitration commission has no authority to arbitrate. Because the parties have entered into an arbitration agreement, the arbitration institution has acquired jurisdiction to deal with contract disputes and other disputes over property rights and interests. The arbitration institution must also make a ruling on the basis and content of the arbitration agreement.

For matters that go beyond the scope of the arbitration agreement, the arbitral institution has no jurisdiction and the arbitral award rendered by it is of course invalid. Therefore, if a party applies for arbitration and does not fall within the scope of the dispute as agreed in the arbitration agreement, the other party may raise an objection to the jurisdiction of the arbitral tribunal and refuse to participate in the arbitration. After the arbitral award is made, an application is made to the people's court to set aside the award.

On the other hand, an arbitration institution must adjudicate disputes within its competence, and awards outside its competence are not competent to adjudicate. If the award is made, the parties can also apply for revocation.