第五十八条  当事人提出证据证明裁决有下列情形之一的，可以向仲裁委员会所在地的中级人民法院申请撤销裁决：

（一）没有仲裁协议的；

（二）裁决的事项不属于仲裁协议的范围或者仲裁委员会无权仲裁的；

（三）仲裁庭的组成或者仲裁的程序违反法定程序的；

（四）裁决所根据的证据是伪造的；

（五）对方当事人隐瞒了足以影响公正裁决的证据的；

（六）仲裁员在仲裁该案时有索贿受贿，徇私舞弊，枉法裁决行为的。

人民法院经组成合议庭审查核实裁决有前款规定情形之一的，应当裁定撤销。

人民法院认定该裁决违背社会公共利益的，应当裁定撤销。

Article 58 The parties may apply to the intermediate people's court at the place where the arbitration commission is located for cancellation of an award if they provide evidence proving that the award involves one of the following circumstances:

1. there is no arbitration agreement between the parties;

2. the matters of the award are beyond the extent of the arbitration agreement or not under the jurisdiction of the arbitration commission;

3. the composition of the arbitral tribunal or the arbitration procedure is in contrary to the legal procedure;

4. the evidence on which the award is based is falsified;

5. the other party has concealed evidence which is sufficient to affect the impartiality of the award; or

6. the arbitrator(s) has (have) demanded or accepted bribes, committed graft or perverted the law in making the arbitral award.

The peoples' court shall rule to cancel the award if the existence of one of the circumstances prescribed in the preceding clause is confirmed by its collegiate bench.

The people's court shall rule to cancel the award if it holds that the award is contrary to the social and public interests.

第六十三条 被申请人提出证据证明裁决有民事诉讼法第二百三十七条第二款规定的情形之一的，经人民法院组成合议庭审查核实，裁定不予执行。

Article 63 A people's court shall, after examination and verification by its collegiate bench, rule not to enforce an award if the respondent in enforcement procedure provides evidence proving that the award involves one of the circumstances prescribed in Paragraph 2, Article 237 of the Civil Procedure Law.

第七十条 当事人提出证据证明涉外仲裁裁决有民事诉讼法第二百七十四条第一款规定的情形之一的，经人民法院组成合议庭审查核实，裁定撤销。

Article 70 A people's court shall, after examination and verification by its collegiate bench, rule to cancel an award if a party to the case provides evidence proving that the arbitration award involves one of the circumstances prescribed in Paragraph 1, Article 274 of the Civil Procedure Law.

第七十一条 被申请人提出证据证明涉外仲裁裁决有民事诉讼法第二百七十四条第一款规定的情形之一的，经人民法院组成合议庭审查核实，裁定不予执行。

Article 71 A people's court shall, after examination and verification by its collegiate bench, rule not to enforce an award-if the respondent provides evidence proving that the arbitral award involves one of the circumstances prescribed in Paragraph 1, Article 274 of the Civil Procedure Law.

第二百三十七条 对依法设立的仲裁机构的裁决，一方当事人不履行的，对方当事人可以向有管辖权的人民法院申请执行。受申请的人民法院应当执行。

被申请人提出证据证明仲裁裁决有下列情形之一的，经人民法院组成合议庭审查核实，裁定不予执行：

（一）当事人在合同中没有订有仲裁条款或者事后没有达成书面仲裁协议的；

（二）裁决的事项不属于仲裁协议的范围或者仲裁机构无权仲裁的；

（三）仲裁庭的组成或者仲裁的程序违反法定程序的；

（四）裁决所根据的证据是伪造的；

（五）对方当事人向仲裁机构隐瞒了足以影响公正裁决的证据的；

（六）仲裁员在仲裁该案时有贪污受贿，徇私舞弊，枉法裁决行为的。

人民法院认定执行该裁决违背社会公共利益的，裁定不予执行。

裁定书应当送达双方当事人和仲裁机构。

仲裁裁决被人民法院裁定不予执行的，当事人可以根据双方达成的书面仲裁协议重新申请仲裁，也可以向人民法院起诉。

Article 237 Where a party fails to perform an award of an arbitration institution established according to law, the other party may apply for execution to the people's court with jurisdiction. The people's court to which an application is made shall execute the award.

Where the party against whom the application is made presents evidence that the arbitral award falls under any of the following circumstances, the people's court shall, after examination and verification by a collegiate bench formed by the people's court, rule to deny execution:

1. the parties have neither included an arbitration clause in their contract, nor subsequently reached a written arbitration agreement;

2. the matters decided in the award exceed the scope of the arbitration agreement or are beyond the arbitral authority of the arbitration institution;

3. the composition of the arbitral tribunal or the arbitration procedure did not conform to statutory procedure;

4. the evidence used as a basis for rendering an award is fabricated;

5. the other party to the case conceals important evidence, which is substantial enough to affect the impartial ruling by the arbitration institution; or

6. one or several arbitrators acts corruptly, accepts bribes or engages in malpractice for personal benefits or made an award that perverted the law.

Where the people's court determines that the execution of the award would be against the public interest, it shall rule to deny execution.

The written ruling shall be served on both parties and on the arbitration institution.

Where a people's court rules to deny execution of an arbitral award, a party may, in accordance with the written arbitration agreement between the two parties, re-apply to the arbitration institution for arbitration or institute an action in a people's court.

第二百七十四条 对中华人民共和国涉外仲裁机构作出的裁决，被申请人提出证据证明仲裁裁决有下列情形之一的，经人民法院组成合议庭审查核实，裁定不予执行：

（一）当事人在合同中没有订有仲裁条款或者事后没有达成书面仲裁协议的；

（二）被申请人没有得到指定仲裁员或者进行仲裁程序的通知，或者由于其他不属于被申请人负责的原因未能陈述意见的；

（三）仲裁庭的组成或者仲裁的程序与仲裁规则不符的；

（四）裁决的事项不属于仲裁协议的范围或者仲裁机构无权仲裁的。

人民法院认定执行该裁决违背社会公共利益的，裁定不予执行。

Article 274 If the person against whom the application is made presents evidence that the arbitral award made by an arbitration institution of the People's Republic of China for foreign-related disputes falls under any of the following circumstances, the people's court shall, after examination and verification by a collegiate bench formed by the people's court, rule to deny execution of the award:

1. the parties have neither included an arbitration clause in their contract nor subsequently reached a written arbitration agreement;

2. the person against whom the application is made was not requested to appoint an arbitrator or take part in the arbitration proceedings or the person was unable to state his opinions due to reasons for which he is not responsible;

3. the composition of the arbitration tribunal or the arbitration procedure was not in conformity with the rules of arbitration; or

4. matters decided in the award exceed the scope of the arbitration agreement or are beyond the arbitral authority of the arbitration institution.

If the people's court determines that the execution of the said award would be against public interest, it shall rule to deny execution.

一、裁决唯有于受裁决援用之一造向声请承认及执行地之主管机关提具证据证明有下列情形之一时，始得依该造之请求，拒予承认及执行：

（甲）第二条所称协定之当事人依对其适用之法律有某种无行为能力情形者，或该项协定依当事人作为协定准据之法律系属无效，或未指明以何法律为准时，依裁决地所在国法律系属无效者；

（乙）受裁决援用之一造未接获关于指派仲裁员或仲裁程序之适当通知，或因他故，致未能申辩者；

（丙）裁决所处理之争议非为交付仲裁之标的或不在其条款之列，或裁决载有关于交付仲裁范围以外事项之决定者，但交付仲裁事项之决定可与未交付仲裁之事项划分时，裁决中关于交付仲裁事项之决定部分得予承认及执行；

（丁）仲裁机关之组成或仲裁程序与各造间之协议不符，或无协议而与仲裁地所在国法律不符者；

（戊）裁决对各造尚无拘束力，或业经裁决地所在国或裁决所依据法律之国家之主管机关撤销或停止执行者。

二、倘声请承认及执行地所在国之主管机关认定有下列情形之一，亦得拒不承认及执行仲裁裁决：

（甲）依该国法律，争议事项系不能以仲裁解决者；

（乙）承认或执行裁决有违该国公共政策者。

United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention)

Article V

1. Recognition and enforcement of the award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the competent authority where the recognition and enforcement is sought, proof that:

(a) The parties to the agreement referred to in article II were, under the law applicable to them, under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or

(b) The party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case; or

(c) The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced; or

(d) The composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or

(e) The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made.

2. Recognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforcement is sought finds that:

(a) The subject matter of the difference is not capable of settlement by arbitration under the law of that country; or

(b) The recognition or enforcement of the award would be contrary to the public policy of that country.