Netizen question: Hello, I want to complain about Zhanjiang Arbitration Commission! They colluded with Jiufu and Beijing Hengyuan Xinye! Borrow 1 tens of thousands! Repay more than 30 thousand! Not counting interest and any liquidated damages! When I borrowed money, I didn't sign the arbitration book. Now the arbitration book suddenly appears, and it is directly arbitrated by the court without any notice. As early as 20 18, didn't the Supreme People's Court clearly state that it would not accept early arbitration?
I am from Huangyan, Taizhou, Zhejiang Province, and Huangyan Court is obviously the enforcement court. They said it was given to them by Taizhou Intermediate People's Court. Later, I also went to Taizhou Intermediate People's Court, and the other party said that I could only apply to the local court of the Arbitration Commission for cancellation of arbitration.
I have also looked up a lot of information, and I can apply to the enforcement court for non-enforcement, but the Huangyan court means that it is useless to apply (the family has already found a lawyer), and there is really no way out? Really desperate.
A: Many courts in Lu 'an, Anhui and Zixing, Hunan have rejected the compulsory application of Hengyuan Xinye and refused to enforce the arbitration award of Zhanjiang Arbitration Commission.
65438+On February 27th, China Judgment Document Network published the execution ruling of the Intermediate People's Court of Lu 'an City, Anhui Province 12, all around the case of Hengyuan Xinye applying for court enforcement. According to the ruling of Zhanjiang Arbitration Commission, Hengyuan Xinye applied to the court for compulsory execution, and the enforced persons were several natural persons, and there was a loan dispute with Hengyuan Xinye.
After examination, the Intermediate People's Court of Lu 'an City held that the business scope of Hengyuan Xinye did not include the business of issuing loans, and it was engaged in the business of issuing loans without the approval of the competent department and had relevant financial qualifications. The court held that, according to Article 19 of the Banking Supervision Law of the People's Republic of China, no unit or individual may establish a banking financial institution or engage in the business activities of a banking financial institution without the approval of the banking supervision institution of the State Council. Beijing Hengyuan Xinye Information Technology Co., Ltd. violated the above provisions and granted loans to unspecified social objects to engage in business activities of financial institutions without the approval of relevant competent departments.
Moreover, the court held that the arbitration document between Hengyuan Xinye and the person subjected to execution failed to protect the relevant rights of the person subjected to execution, and refused to execute the relevant award decision in accordance with the second paragraph of Article 237 of the Civil Procedure Law of People's Republic of China (PRC).
Coincidentally, on February 25th, 65438, the People's Court of Zixing City, Hunan Province also rejected the compulsory application of Hengyuan Xinye, on the same grounds that "the application executor could not prove that the lender involved in peer-to-peer lending was qualified to engage in financial lending business, and the behavior of its application execution lacked legal basis."
This month, the People's Court of Ganyu District of Lianyungang City also rejected an application for enforcement of Hengyuan Xinye, and the cause of the case also involved a private lending dispute.
If you receive an arbitration award issued by Zhanjiang Arbitration Commission that the applicant is Beijing Hengyuan Xinye Information Technology Co., Ltd., you can take the following measures to protect your legal rights.
1. The business scope of Hengyuan Xinye does not include loan issuance business, and it has not been approved by the competent authority to engage in loan issuance business and has relevant financial qualifications. According to Article 19 of the Banking Supervision Law of the People's Republic of China, no unit or individual may establish a banking financial institution or engage in its business activities without the approval of the banking supervision institution of the State Council. Beijing Hengyuan Xinye Information Technology Co., Ltd. violated the above provisions and granted loans to unspecified social objects to engage in business activities of financial institutions without the approval of relevant competent departments.
Therefore, it is illegal for Hengyuan Xinye to lend money.
2. According to Article 7 of the Arbitration Law, arbitration shall be conducted according to facts and laws, and disputes shall be settled fairly and reasonably.
It is illegal for Zhanjiang Arbitration Commission to arbitrate this illegal act and make a ruling. You can apply to the Zhanjiang Intermediate People's Court to cancel the ruling of Zhanjiang Court.
3. If Zhanjiang Arbitration Commission fails to notify the respondent and listen to the respondent's cross-examination and defense without legal procedures, the respondent may apply to Zhanjiang Intermediate People's Court for cancellation of arbitration.
Article 58 of the Arbitration Law
If the parties provide evidence to prove that the award has any of the following circumstances, they may apply to the Intermediate People's Court where the Arbitration Commission is located for cancellation of the award: (1) There is no arbitration agreement; (two) the matters decided are not within the scope of the arbitration agreement or the arbitration commission has no right to arbitrate; (3) The composition of the arbitration tribunal or the arbitration procedure violates legal procedures; (4) The evidence on which the award is based is forged; (5) The other party has concealed enough evidence to affect judicial justice; (six) the arbitrator in the arbitration case, bribery, favoritism or pervert the law. The people's court shall form a collegial panel to examine and verify, and if it considers that the ruling is under any of the circumstances specified in the preceding paragraph, it shall make a ruling to revoke it. If the people's court finds that the ruling violates the public interest, it shall make a ruling to cancel it.
4. You can request the court not to enforce the award of Zhanjiang Arbitration Commission and request the court to reject the applicant's application for enforcement.
At present, a number of courts have ruled not to implement the ruling of Zhanjiang Arbitration Commission.