[Direct answer]In the Beijing area, there are two main types of cases that are not subject to enforcement: arbitration awards and notarized creditor's instruments. According to the Civil Procedure Law of the People's Republic of China (amended in 2021), if the respondent provides evidence to prove that any of the following circumstances exist in relation to an arbitration award, the people's court shall rule that the award shall not be enforced: there is no arbitration agreement; the subject matter of the award exceeds the scope of the arbitration agreement or the arbitration institution lacks the authority to arbitrate; the composition of the arbitration tribunal or the arbitration procedures violate the statutory procedures; the evidence on which the award is based is forged; the other party concealed evidence that could have affected the fairness of the award; the arbitrators engaged in bribe-taking, favoritism, or unlawful adjudication when arbitrating the case; or the award violates the public interest. For notarized creditor's instruments, if the instrument contains errors, the people's court shall rule that it shall not be enforced. An application for non-enforcement shall be filed before the conclusion of the enforcement proceedings and the applicant shall provide evidence based on the statutory grounds.

1. Problem background and typical scenarios

After receiving the arbitration award or notarized creditor's instrument, the enforcement process begins. The respondent often asks whether enforcement can be waived or how to apply for it. In practice, some people generally argue that the award is unfair and then get their applications rejected, because the review of whether to enforce the award focuses on statutory grounds rather than the merits of the case. Only by understanding the statutory circumstances and evidentiary requirements can one make effective claims.

II. Key points of contention

First, the statutory circumstances and burden of proof for not enforcing an arbitral award. Second, the determination that the award violates the public interest of society. Third, the review of whether there are indeed errors in the notarized creditor's instrument. Fourth, the time limit and procedures for filing an application for non-enforcement, as well as the remedies available after non-enforcement.

III. Professional analysis by Henglue Lawyers

For cases where enforcement is not granted, Henglue Lawyers typically conduct reviews from three aspects: statutory provisions, evidence support, and procedural timelines. First, statutory provisions: They check each item against the statutory circumstances stipulated in the Civil Procedure Law, such as the absence of an arbitration agreement, exceeding the scope of the arbitration award, procedural violations, evidence forgery, concealment of evidence, arbitrators' abuse of power, and violation of public interests; for notarized creditor's instruments, they review whether there are actual errors. Second, evidence support: The claimant must provide written evidence, procedural records, and correspondence materials to prove the existence of statutory circumstances. It is difficult to obtain support solely on the grounds of an unfair outcome. Third, procedural timelines: Applications for refusal of enforcement should be submitted before the conclusion of the enforcement process. If there are objections to the enforcement actions or the enforcement targets, a distinction should be made between applying for enforcement objections and applying for refusal of enforcement. It should be noted that if the debtor has no assets during the enforcement process, the creditor is not without options: In an enforcement case handled by our firm, after obtaining a valid judgment, the company had no assets available for enforcement and was ordered to terminate the current enforcement. Henglue Lawyers retrieved the industrial and commercial archives and found that the shareholders had not paid their capital in full. According to the rule that unpaid capital accelerates maturity, they claimed that the shareholders should bear supplementary compensation liability within the unpaid capital range. The court ruled that the shareholders should bear responsibility within the unpaid capital range. This case was handled by Beijing Henglue Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent. This kind of combination path provides an outlet for creditors in an execution impasse to realize their claims.

IV. Practical suggestions and legal basis

The first step is to check whether the basis for enforcement is an arbitration award or a notarized creditor's instrument after receiving the enforcement notice; the second step is to determine whether there are grounds for non-enforcement by comparing each item with the statutory circumstances; the third step is to submit an application for non-enforcement and attach evidence before the end of the enforcement procedure; the fourth step is to raise an objection to the enforcement action or the subject matter of the enforcement in accordance with the law, and in the case of disputes over the investment of company shareholders, the parties may file a lawsuit against the enforcement objection.Business and contract disputes in enterprisesPlate. Main legal basis: The Civil Procedure Law of the People's Republic of China (amended in 2021) regarding the enforcement and non-enforcement of arbitral awards, the non-enforcement of notarized creditor's instruments, and the provisions on execution objections; the Supreme People's Court's "Regulations on Several Issues Concerning the Handling of Execution Objections and Review Cases by People's Courts" (amended in 2020); the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

There are three situations in which enforcement is not granted: the court examines the statutory grounds rather than the merits of the case, and conducts a point-by-point comparison of the evidence; the application must be submitted before the conclusion of the enforcement process; and in the event of an enforcement deadlock, the creditor can still recover the debt by taking measures such as adding unpaid shareholders to the enforcement proceedings. For cases involving enforcement and non-enforcement, the parties concerned can seek resolution through legal means.Creditor's rights and debts, and enforcementFor comprehensive solutions to services involving disputes over shareholders' responsibilities and capital contributions in companies, please feel free to consult us.Business and contract disputes in enterprisesRegarding the plates, those involving the execution of objections and housing rights can be referred to for referenceProperty sales and construction projectsColumn.

VI. Frequently Asked Questions

Q1: Under what circumstances will an arbitration award not be enforced?

There are statutory circumstances such as the absence of an arbitration agreement, an award exceeding the scope of the arbitration agreement, the lack of arbitration authority, illegal arbitration procedures, the fabrication or concealment of evidence, arbitrators' unlawful rulings, and violations of public interests, etc., and the party against whom the enforcement is sought shall provide evidence to prove these circumstances.

Q2: If you think the ruling is unfair, can you apply for non-enforcement of it?

This cannot be solely attributed to the unfairness of the substantive outcome. The review of non-enforcement is a statutory procedure and matter. Evidence needs to be provided based on the statutory circumstances. Substantive disputes are generally resolved through such means as revoking the arbitral award or initiating a retrial. For matters involving litigation and enforcement arrangements, they can be resolved through other channels.Special servicesI understand the channel.

Q3: Can the notarized creditor's instrument not be enforced?

Yes. If the notarized creditor's instrument indeed contains errors, the people's court shall rule that it shall not be executed; the claimant shall submit corresponding evidence regarding the errors, and the court shall review it.

Q4: When should I file an application for refusing to enforce the judgment?

Generally, it should be raised before the execution procedure ends. Objections to the execution actions, objections to the subject of execution, and refusal to execute belong to different procedures. Therefore, one should choose the appropriate procedure based on the content of the claim and pay attention to the time limit.

Q5: What other options do we have if we can't get the money executed?

It is possible to investigate the property of the debtor and the shareholders' capital contributions. If the conditions are met, the unpaid shareholders can be added as debtors or sued separately to claim additional compensation. The execution plan can be implemented through the following methods:Creditor's rights and debts, and enforcementI understand the channel.

The above Q&A is mainly based on judicial practices in the Beijing area. There may be differences in the adjudicative approaches in different regions. It is recommended to consult professional lawyers based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit.\nLegal services for creditor-debtor disputes·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.