29民诉法之仲裁裁决的执行与不予执行(09年司考三大本分段学习)（29. Implementation and refusal of the arbitration award of the law of the people (the first three sections of the sau study in 2009)）.doc

29民诉法之仲裁裁决的执行与不予执行(09年司考三大本分段学习)（29. Implementation and refusal of the arbitration award of the law of the people (the first three sections of the sau study in 2009)） Section 1 enforcement of Arbitral Awards In accordance with the provisions of the Arbitration Law of China, the arbitration award shall be legally effective as of the date of its making, and the parties concerned shall take the initiative to perform the arbitration award. The arbitration mediation and arbitration award has the same legal effect, mediation by both parties sign, namely should consciously implement. Under normal circumstances, when the parties agree to submit the dispute to arbitration, they will voluntarily perform the arbitration award. But in fact, for various reasons, the parties do not automatically perform arbitral awards are not uncommon, in this case, the other party can request the court to enforce the arbitral award. I. The concept of enforcement of Arbitral Awards The enforcement of arbitral awards, that is, the enforcement of arbitral awards, refers to the actions and procedures that the peoples courts apply to the parties to take coercive measures to implement the contents of the arbitral awards. The enforcement of arbitral awards is the ultimate and most important manifestation of the courts support for the arbitration system. It constitutes an important component of the arbitration system and the enforcement of arbitral awards is of great significance in the arbitration system: 1., the enforcement of arbitral awards is an effective guarantee for the realization of the rights of the parties concerned. The arbitration award only provides the obligee with the possibility to realize his rights, because the arbitral award is legally enforceable and can compel the obligor to fulfil his obligations. However, only after the arbitral award is really implemented can the obligee realize his rights. 2., the enforcement of arbitral awards is the ultimate guarantee for the existence and