第二十七章 财产保全

Chapter XXVII Property Preservation¹

 

第二百五十一条 当事人依照本法第九十二条的规定可以向人民法院申请财产保全。

"Article 251 The parties to an action may, in accordance with the provisions of Article 92 of this Law, apply to the people's court for property preservation."

 

利害关系人依照本法第九十三条的规定可以在起诉前向人民法院申请财产保全。

"Interested parties may, in accordance with the provisions of Article 93 of this Law, apply to the people's court for property preservation before an action is brought."

 

第二百五十二条 人民法院裁定准许诉前财产保全后，申请人应当在三十日内提起诉讼。

"Article 252 After a people's court makes an order granting property preservation before litigation, the applicant² shall bring an action within 30 days. "

 

逾期不起诉的，人民法院应当解除财产保全。

"If he fails to bring the action within the period, the people's court shall cancel the property preservation."

 

第二百五十三条 人民法院裁定准许财产保全后，被申请人提供担保的，人民法院应当解除财产保全。

"Article 253 After the people's court makes an order granting property preservation, if the party against whom the application is made provides a guaranty, the people's court shall cancel the property preservation."

 

第二百五十四条 申请有错误的，申请人应当赔偿被申请人因财产保全所遭受的损失。

"Article 254 If the application is wrongfully made, the applicant shall compensate³ the party against whom the application is made for losses incurred⁴ from the property preservation."

 

第二百五十五条 人民法院决定保全的财产需要监督的，应当通知有关单位负责监督，费用由被申请人承担。

"Article 255 If the property to be preserved by a people's court needs supervision⁵, the court shall notify the unit concerned to be responsible for the supervision, and the party against whom the application is made shall bear the expenses."

 

第二百五十六条 人民法院解除保全的命令由执行员执行。

Article 256 The order to cancel the preservation issued by a people's court shall be carried out by an execution officer.

 

第二十八章 仲 裁

Chapter XXVIII Arbitration⁶

 

第二百五十七条 涉外经济贸易、运输和海事中发生的纠纷，当事人在合同中订有仲裁条款或者事后达成书面仲裁协议，提交中华人民共和国涉外仲裁机构或者其他仲裁机构仲裁的，当事人不得向人民法院起诉。

"Article 257 In the case of a dispute arising from the foreign economic, trade, transport or maritime⁷ activities of China, if the parties have had an arbitration clause in the contract concerned or have subsequently reached a written arbitration agreement stipulating⁸ the submission⁹ of the dispute for arbitration to an arbitral organ in the People's Republic of China handling cases involving foreign element, or to any other arbitral body, they may not bring an action in a people's court. "

 

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，可以向人民法院起诉。

"If the parties have not had an arbitration clause in the contract concerned or have not subsequently reached a written arbitration agreement, they may bring an action in a people's court."

 

第二百五十八条 当事人申请采取财产保全的，中华人民共和国的涉外仲裁机构应当将当事人的申请，提交被申请人住所地或者财产所在地的中级人民法院裁定。

"Article 258 If a party has applied¹⁰ for property preservation measures, the arbitral organ of the People's Republic of China handling cases involving foreign element shall refer the party's application for a decision to the intermediate people's court of the place where the party against whom the application is made has his domicile or where his property is located."

 

第二百五十九条 经中华人民共和国涉外仲裁机构裁决的，当事人不得向人民法院起诉。

"Article 259 In a case in which an award has been made by an arbitral organ of the People's Republic of China handling cases involving foreign element, the parties may not bring an action in a people's court. "

 

一方当事人不履行仲裁裁决的，对方当事人可以向被申请人住所地或者财产所在地的中级人民法院申请执行。

"If one party fails to comply with the arbitral award, the other party may apply for its enforcement to the intermediate people's court of the place where the party against whom the application for enforcement is made has his domicile or where his property is located."

 

第二百六十条 对中华人民共和国涉外仲裁机构作出的裁决，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：

"Article 260 A people's court shall, after examination and verification by a collegial panel of the court, make a written order not to allow the enforcement of the award rendered by an arbitral organ of the People's Republic of China handling cases involving foreign element, if the party against whom the application for enforcement is made furnishes proof that: "

 

（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 not had an arbitration clause in the contract or have not subsequently reached a written arbitration agreement;

 

（二）被申请人没有得到指定仲裁员或者进行仲裁程序的通知，或者由于其他不属于被申请人负责的原因未能陈述意见的；

(2) the party against whom the application for enforcement is made was not given notice for the appointment of an arbitrator or for the inception¹¹ of the arbitration proceedings¹² or was unable to present his case due to causes for which he is not responsible;

 

（三）仲裁庭的组成或者仲裁的程序与仲裁规则不符的；

(3) the composition of the arbitration tribunal or the procedure for arbitration was not in conformity¹³ with the rules of arbitration;

 

（四）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。

or (4) the matters dealt with by the award fall outside the scope of the arbitration agreement or which the arbitral organ was not empowered to arbitrate.

 

人民法院认定执行该裁决违背社会公共利益的，裁定不予执行。

"If the people's court determines that the enforcement of the award goes against the social and public interest of the country, the people's court shall make a written order not to allow the enforcement of the arbitral award."

 

第二百六十一条 仲裁裁决被人民法院裁定不予执行的，当事人可以根据双方达成的书面仲裁协议重新申请仲裁，也可以向人民法院起诉。

"Article 261 If the enforcement of an arbitral award is disallowed¹⁴ by a written order of a people's court, the parties may, in accordance with a written arbitration agreement reached between them, apply for arbitration again; they may also bring an action in a people's court."

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