Intermediate Peoples Court Evidence Review Standards for Domestic Arbitral Awards
Intermediate courts review domestic arbitral awards strictly against Article 58 statutory grounds, invalidating awards only for forged or concealed material evidence.
Tribunal Jurisdiction
Meaning
Adjudicative authority to resolve administrative and trade disputes is determined by statutory limits and international arbitration treaties. Tribunal jurisdiction refers to the legal power vested in an arbitration or administrative body to hear, evaluate, and decide a dispute between contesting parties. This authority is constrained by the scope of the arbitration agreement or the specific statutory mandate of the agency.
Statutory Source
Domestic legislation, specifically the Arbitration Law and the Civil Procedure Law, defines the legal boundaries of these bodies. A tribunal jurisdiction is established when the parties have a valid arbitration agreement and the dispute is of a commercial nature. Matters involving family law or administrative penalties cannot be resolved through commercial arbitration.
Jurisdictional Challenge
Parties have the right to challenge the competence of the arbitration body before the first hearing on the merits. This tribunal jurisdiction dispute can be submitted to either the arbitration commission itself or a people’s court for a ruling. (If the court finds that the arbitration agreement is invalid, it will assume jurisdiction over the case and the tribunal must terminate its proceedings.)
Enforcement Boundary
Awards rendered by an administrative or arbitral body require judicial assistance for compulsory execution. If a tribunal exceeds its tribunal jurisdiction, the intermediate people’s court can refuse to enforce the award upon the application of the losing party.