What should I do if the Zhanjiang Arbitration Commission issues an arbitration ruling and the court wants to enforce it? A netizen asked: Hello, I want to complain to the Zhanjiang Arbitration Commission! They colluded with Jiufu and Beijing Hengyuan Credit Industry! They borrowed more than 10,000 yuan ! The repayment costs more than 30,000 yuan! Not counting interest and liquidated damages! No arbitration agreement was signed when the loan was borrowed. Now the arbitration agreement suddenly appeared, and there was no notice of direct court arbitration. As early as 2018, hadn’t the Supreme People’s Court already stated that preliminary arbitration would not be accepted? I am from Huangyan, Taizhou, Zhejiang, and the Huangyan Court is obviously the enforcement court. They said it was handed over to them by the Taizhou Intermediate People’s Court. Later, I also asked the Taizhou Intermediate People's Court, but the other party said that I could only apply to the local court of the Arbitration Commission to cancel the arbitration. I have also checked a lot of information, and I can apply to the enforcement court for non-execution, but the Huangyan Court said that it is useless to apply (my family has already found a lawyer), so is there really no way? Really? despair. Answer: Several courts, including Anhui Lu'an and Hunan Province Zixing, have rejected Hengyuan Xinye's request for compulsory application and refused to implement the arbitration award of the Zhanjiang Arbitration Commission. On December 27, the China Judgment Documents Network published 12 execution rulings from the Intermediate People's Court of Lu'an City, Anhui Province. These cases all revolved around Hengyuan Xinye's application for court enforcement. Based on the ruling of the Zhanjiang Arbitration Commission, Hengyuan Credit Industry applied for compulsory execution by the court. The persons subject to execution were multiple natural persons, and there was a loan dispute with Hengyuan Credit Industry. After review, the Intermediate People's Court of Lu'an City held that Hengyuan Credit Industry's business scope does not include the loan business, and it has not been approved by the competent authority to engage in the loan business and has relevant financial qualifications. The court held that according to Article 19 of the Banking Supervision Law of the People's Republic of China and the People's Republic of China, no unit or individual may establish a banking financial institution or engage in banking finance without the approval of the banking regulatory agency of the State Council. business activities of the organization. Beijing Hengyuan Xinye Information Technology Co., Ltd. violated the above regulations by extending loans to unspecified objects in society and engaging in business activities of financial institutions without approval from relevant authorities. Moreover, the court held that the arbitration document between Hengyuan Xinye and the person subject to execution failed to guarantee the relevant rights of the person subject to execution. According to the provisions of Article 237, Paragraph 2, of the Civil Procedure Law of the People's Republic of China, , and the relevant rulings and decisions will not be implemented. Coincidentally, on December 25, the People’s Court of Zixing City, Hunan Province also rejected Hengyuan Credit Industry’s request for compulsory application. The reason was also that “the applicant cannot prove that the lender involved in the online lending case has the qualifications to engage in financial lending business. The act of applying for enforcement lacks a legal basis." The People's Court of Ganyu District, Lianyungang City also rejected an application for enforcement by Hengyuan Credit Industry this month, and the case also involved a private lending dispute. If you receive an arbitration award issued by the Zhanjiang Arbitration Commission stating that the applicant is Beijing Hengyuan Xinye Information Technology Co., Ltd., you can take the following measures to ensure your legal rights. 1. The business scope of Hengyuan Credit Industry does not include the loan issuance business, and it has not been approved by the competent authority to engage in the loan issuance business and has relevant financial qualifications. According to Article 19 of the Banking Supervision Law of the People's Republic of China and the State Council, no unit or individual may establish a banking financial institution or engage in the business of a banking financial institution without the approval of the banking regulatory agency of the State Council. Activity. Beijing Hengyuan Xinye Information Technology Co., Ltd. violated the above regulations by extending loans to unspecified objects in society and engaging in business activities of financial institutions without approval from relevant authorities. Therefore, Hengyuan Credit Industry’s lending behavior is illegal. 2. According to Article 7 of the Arbitration Law, arbitration shall be based on facts, comply with legal provisions, and resolve disputes fairly and reasonably. It is illegal for the Zhanjiang Arbitration Commission to arbitrate this illegal act and issue an award. You can apply to the Zhanjiang Intermediate People's Court to revoke the ruling of the Zhanjiang Court. 3. If the Zhanjiang Arbitration Commission fails to notify the respondent and hear the respondent’s cross-examination and defense without legal procedures, the respondent may file an application with the Zhanjiang Intermediate People’s Court to cancel the arbitration.
Article 58 of the Arbitration Law: If the parties submit evidence to prove that the award falls under any of the following circumstances, they may apply to the Intermediate People's Court where the arbitration commission is located to revoke the award: (1) There is no arbitration agreement; (2) The matters of the award do not belong to The scope of the arbitration agreement or the arbitration committee has no authority to arbitrate; (3) The composition of the arbitral tribunal or the arbitration procedure violates legal procedures; (4) The evidence on which the award is based is forged; (5) The other party conceals something that is sufficient to affect justice (6) When arbitrating the case, the arbitrator solicited or accepted bribes, engaged in malpractice for personal gain, or made a wrongful ruling in a wrongful manner. If the people's court forms a collegial panel to review and verify that the ruling falls under any of the circumstances specified in the preceding paragraph, it shall rule to revoke it. If the people's court determines that the ruling is against the interests of the public, it shall rule to revoke it. 4. You can request the court not to enforce the Zhanjiang Arbitration Commission’s ruling, and request the court to reject the applicant’s enforcement application. At present, many courts have ruled not to implement the rulings of the Zhanjiang Arbitration Commission.