民事诉讼法(94)

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2014-11-24 11:43

民事诉讼法(94)

调解书和其他应当由人民法院执行的法律文书,当事人必须履行。
The parties concerned must comply with the conciliation statement and other legal documents that are to be executed by the people's court.

一方拒绝履行的,对方当事人可以向人民法院申请执行。
" If a party refuses to do so, the other party may apply to the people's court for enforcement."

第二百一十七条 对依法设立的仲裁机构的裁决,一方当事人不履行的,对方当事人可以向有管辖权的人民法院申请执行。
"Article 217 If a party fails to comply with an award of an arbitral organ established according to the law, the other party may apply for execution to the people's court which has jurisdiction over the case. "

受申请的人民法院应当执行。
The people's court applied to shall enforce the award.

被申请人提出证据证明仲裁裁决有下列情形之一的,经人民法院组成合议庭审查核实,裁定不予执行:
"If the party against whom the application is made furnishes proof that the arbitral award involves any of the following circumstances, the people's court shall, after examination and verification by a collegial panel, make a written order not to allow the enforcement:"

(一)当事人在合同中没有订有仲裁条款或者事后没有达成书面仲裁协议的;
" (1) the parties have had no arbitration clause in their contract, nor have subsequently reached a written agreement on arbitration; "

(二)裁决的事项不属于仲裁协议的范围或者仲裁机构无权仲裁的;
(2) the matters dealt with by the award fall outside the scope of the arbitration agreement or are matters which the arbitral organ has no power to arbitrate;

(三)仲裁庭的组成或者仲裁的程序违反法定程序的;
(3) the composition of the arbitration tribunal or the procedure for arbitration contradicts the procedure prescribed by the law;