There are two kinds of arbitration awards, one is commercial arbitration and the other is labor arbitration. No matter what kind of arbitral award, when choosing the enforcement court, we should first choose the grassroots people's court where the person subjected to execution is located, and then choose the grassroots people's court where the person subjected to execution is located.
China has more detailed and reasonable provisions on the enforcement of arbitral awards. Compulsory execution, also known as compulsory execution, means that the people's court, in accordance with legal procedures, uses the state's coercive force to clarify the specific content of execution according to legally effective documents, forcing civil obligors to perform their obligations, thus ensuring the realization of creditors' rights. The legally effective documents include: civil judgment, civil conciliation statement, criminal incidental civil judgment, criminal incidental civil conciliation statement, ruling on realizing security interest, ruling confirming mediation agreement, payment order, labor arbitration award, commercial arbitration award, notarized creditor's rights document, etc. After these legal documents come into effect, the obligor shall automatically perform the obligations stipulated in the legal documents. If it fails to perform within the time limit, the creditor may apply to the people's court for compulsory execution.
According to the second paragraph of Article 224 of the Civil Procedure Law, other legal documents stipulated by law to be executed by the people's court shall be executed by the people's court in the place where the person subjected to execution resides or where the property subjected to execution is located.
Article 237 of the Civil Procedure Law stipulates that if one party fails to perform the award of an arbitration institution established according to law, the other party may apply to the people's court with jurisdiction for enforcement. The people's court to which the application is made shall execute it.
Article 62 of the Arbitration Law stipulates that the parties shall perform the award. If one party fails to perform, the other party may apply to the people's court for execution in accordance with the relevant provisions of the Civil Procedure Law. The people's court to which the application is made shall execute it.
Different types of arbitration have different provisions on application execution. In the execution stage, the enforcement judge will investigate the property of the person subjected to execution, generally only investigating real estate, vehicles and bank accounts. If no property is found, the judge will inform the applicant to provide clues to the property. If the applicant fails to provide them, the judge will issue a ruling to suspend execution, and then the applicant will provide property clues and then resume execution.
In the execution stage, the applicant should take the initiative to investigate the property clues of the executed person, and the scope of investigation by the judge is very limited. Only by informing the enforcement judge of the property clues discovered by the applicant's investigation can the enforcement case be closed as soon as possible.
Legal objectivity:
Article 62 of the Arbitration Law of People's Republic of China (PRC) stipulates: "The parties shall perform the award. If one party fails to perform, the other party may apply to the people's court for execution in accordance with the relevant provisions of the Civil Procedure Law. The people's court to which the application is made shall execute it. " According to this provision, the award made by the arbitral tribunal takes effect. After the expiration of the time limit for performance, if one of the obligated parties fails to perform the arbitral award, the other party may apply to the court with jurisdiction for enforcement according to law. First of all, the enforcement of an arbitral award shall be applied to a court with jurisdiction. When the person subjected to execution is abroad, the parties directly apply to the competent court of the country where the person subjected to execution is located for recognition and enforcement of the award. If the person subjected to execution is in China, domestic arbitration shall be conducted by the people's court where the person subjected to execution has his domicile or property. Foreign-related arbitral awards shall be executed by the intermediate court at the place where the person subjected to execution has his domicile or property. As China's people's courts exercise hierarchical jurisdiction over cases of enforcement of arbitral awards, if the person subjected to execution is within the territory of China, hierarchical jurisdiction shall be implemented with reference to the provisions of the people's courts on hierarchical jurisdiction over accepting litigation cases. Secondly, the parties shall submit to the people's court an application for enforcement of the arbitral award and related materials, including the original arbitral award, the receipt of the arbitral award, the arbitration agreement or the contract with the arbitration clause, and other supporting documents and materials required by the people's court. If the person subjected to execution is abroad, he shall submit materials in accordance with the provisions of the court of the country where he is located. Finally, the application for enforcement of the arbitral award must be made within the time limit prescribed by law, which is six months if both parties are legal persons or other organizations, and one year if one party is a citizen. The time limit for applying for enforcement of an arbitral award shall be counted from the last day of the performance period stipulated in the arbitral award or the arbitration rules of the arbitration institution. If the arbitration award stipulates that the performance shall be performed by stages, it shall be counted from the last day of each performance period specified. The time limit for applying to a foreign court for enforcement of an arbitral award shall be handled in accordance with the laws of that country.