Recently, I encountered an arbitration case, ** the respondent. The respondent's bank account was frozen. Based on the past experience of judicial practice, Xu Baotong's lawyer team estimates that the court should have frozen, but which court?
1. Legal provisions.
Fa Shi 2020 No. 21 Revised Judicial Interpretation No. 1) Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Property Preservation Cases by the People's Courts Article 3 In the course of arbitration, if a party applies for property preservation, it shall submit the application and the notice of acceptance of the arbitration case and other relevant materials to the people's court through the arbitration institution. Where the people's court rules to adopt preservation measures or rules to reject the application, it shall serve the ruling on the parties and notify the arbitration institution.
2. Ideas for handling cases.
First of all, Xu Baotong's lawyer team searched for the Intermediate People's Court where the respondent was domiciled. Article 29 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Arbitration Law of the People's Republic of China provides that the Intermediate People's Court of the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located shall have jurisdiction over the application for enforcement of an arbitral award. However, upon consultation, it was not a pre-litigation preservation ruling issued by the court.
Secondly, Xu Baotong's lawyer team searched for the basic court where the respondent was domiciled, and finally determined that the basic court made the decision. This is because the "Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement Work of the People's Courts (Provisional)" (2) Enforcement JurisdictionIn the course of domestic arbitration, if a party applies for property preservation, and the arbitration institution submits it to the people's court, the basic people's court at the place where the respondent is domiciled or where the property to be preserved is located shall be ruled and enforced; Where an application is made for evidence preservation, the basic level people's court for the location of the evidence is to make a ruling and enforce it.
3. Summary. Xu Baotong's lawyer team reminded that, according to the above two laws, it can be seen that the preservation and enforcement of domestic arbitration are two levels of jurisdiction, with preservation in the basic court and enforcement in the intermediate court. After communicating with the case secretary of the Arbitration Court, it was determined that the provisions of the Arbitration Court were based on the application of the parties, and the Arbitration Court was only responsible for forwarding and not reviewing the preservation agency.