The First Case Of Supervision Of Foreign Arbitration Execution In Ningbo, Zhejiang

A foreign arbitration execution case with a target of more than 1000 yuan and a complaint for 4 years has been supervised by the Ningbo Procuratorate of Zhejiang Province, and the intermediate court of Ningbo has resumed execution of the case. Recently, the executor transferred the last 159 million yuan into the court execution account. The case is the first case of supervision of foreign arbitration enforcement in Ningbo.

The executive supervision of the case is Rick B Li Pusa Limited (hereinafter referred to as Rick company), which is a Spanish Company. The company has a dispute over the technology development contract with a listed group company in Ningbo (hereinafter referred to as a group company). After being arbitred by the Shanghai branch of the China International Economic and Trade Arbitration Commission, a group company should pay 907 thousand and 500 euros to the Rick company and an arbitration fee of RMB 208 thousand and 161 yuan.

According to the effective arbitration ruling, Rick has applied to the Ningbo intermediate court for enforcement. In December 2007, the Ningbo intermediate people's Court issued a notice of execution to a group company. A group company paid several times 907 thousand and 500 yuan in principal. In December 2009, the Ningbo intermediate people's court carried out the case of conciliation, and the late payment and arbitration fees were not implemented.

After that, Rucker German shareholders sent letters to the Ningbo municipal government and the Zhejiang provincial high court through the German Consulate, requesting supervision and supervision of the case, but no result. In 2013, Rick reflected the implementation of the case to the Ningbo municipal procuratorate. According to the amended civil procedure law, procuratorial organs are given the right to supervise the execution.

After listening to the situation reflected by Rick company, the case holder transferred the enforcement case to the Ningbo Municipal Intermediate People's court, and found that in the case of a group company and Rick company did not reach an execution settlement agreement, the middle court took the form of reconciliation. Execution of a case Archiving, this behavior is illegality.

　　 Ningbo City The procuratorate also investigated a group company. The company believes that it has paid a total of 907 thousand and 500 euros in execution, but after the discovery, it only needs to pay 680 thousand and 625 euros in principal. The balance of 226 thousand and 875 euros is the enterprise income tax and business tax to be withheld from it. Therefore, Rick has been repeatedly asked to return the 226 thousand and 875 euros paid by the company, or be paid by itself or by Rick company. But Rick refused to pay the tax and did not return more money. The company believes that if Rick continues to advocate interest and arbitration fees, it should pay all the taxes and provide corresponding tax payment certificates.

After that, the Ningbo municipal procuratorate invited experts and senior executive judges to discuss and exchange the case, and visited the tax department to confirm that the reasons for the defense of a group company were not valid: the implementation of the tax payment and the implementation of the effective legal instruments are two different legal relations. If a group company considers Rick company to evade taxes, it can report to the relevant tax authorities, but it can not block the implementation of the effective legal documents.

In November 2013, the procuratorate of the Ningbo municipal procuratorate issued a procuratorial suggestion to the Ningbo intermediate court that the group's company should double pay the debt interest during the delay in performance except the amount determined by the arbitral award; the intermediate court did not implement all the contents determined by the arbitral award in excess of the time limit of the law, which violated the legal provisions; when the Rick company and a group company did not reach an execution reconciliation, the central court closed the case in the form of conciliation and violated the legal provisions; and proposed that the central hospital take timely measures to implement the case as soon as possible and correct the problems in the execution procedure.