Circumstances where the parties concerned may apply to a people’s court for cancellation of the arbitration award

According to Chinese laws, for the arbitration award made by a foreign-related arbitration organization in China, if foreigners in China provide evidence to prove the arbitration award has any of the following situations, the people’s court at or above the intermediate level at the place where the foreign-related arbitration organization locates can form a collegial panel to review and check it and rule to cancel the arbitration award:

(1) There is no arbitration clause in the contract between the foreigners in China and the employing units or there is no written arbitration agreement reached afterwards by the parties;

(2) The foreigners in China did not receive the notice of appointing arbitrators or arbitration proceedings, or the foreigners in China failed to express opinions due to other reasons not belonging to the foreigners in China;

(3) The composition of the arbitration tribunal or the arbitration procedures were not in conformity with the arbitration rules;

(4) The matters arbitrated do not fall into the scope of the arbitration agreement or are which the arbitral organ is not empowered to arbitrate.