UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ...

Case 0:10-cv-61942-MGC Document 5-6 Entered on FLSD Docket 10/14/2010 Page 62 of 75
Article 216. The parties must comply with legally effective judgments or orders in civil cases. If a party refuses to comply, the other party
may apply to the people's court for execution, or the judge may refer the matter to the execution officer for execution.
The parties must comply with the conciliation statements and other legal documents that are to be executed by the people's court. If a party
refuses to comply, the other party may apply to the people's court for execution.
Article 217. If a party fails to comply with a legally effective award of an arbitration agency established according to law, he other party may
apply for execution to the people's court which has jurisdiction over the case. The people's court so applied to shall execute the said award.
Should the party against whom the application is made provide evidence which proves that the arbitration award involves any of the
following circumstances, the people's court shall, after examination and verification by a collegial panel, order to cancel the arbitration
award:
(1) the parties have not stipulated clauses on arbitration in the contracts, or have not subsequently reached a written agreement on
arbitration;
(2) matters decided exceed the scope of the arbitration agreement or the limits of authority of the arbitration agency;
(3) the composition of the arbitration division or the procedure for arbitration is not in conformity with the legal procedure.
(4) the main evidence for ascertaining the facts is insufficient;
(5) there is errors in the application of the law; or
(6) the arbitrators committed acts of malpractice for personal benefits and perverted the law in the arbitration of the case;
If the people's court determines that the execution of the arbitration award would contradict the social and public interest, it shall order to
cancel the award.
The above mentioned order shall be served on both parties and the arbitration agency.
In the event that an arbitration award is canceled by an order of the people's court, the parties may, in accordance with the written
agreement on arbitration reached between the two parties, apply to the arbitration agency for arbitration anew and may also bring a lawsuit
in the people's court.
Article 218. If a party fails to comply with a document of creditor's rights that has been rendered executory according to law by a notary
office, the other party may apply to the people's court which has jurisdiction over the case for execution. The people's court so applied to
shall execute such document.
If the people's court finds some definite error in the notarized document of creditor's rights, it shall order to disallow the execution and serve
the order on both parties as well as the notary office.
Article 219. The time limit for the submission of an application for execution shall be one year if one or both of the parties are citizens; it
shall be six months if both parties are legal persons or other organizations.
The above mentioned time limit shall be calculated from the last day of the period specified by the legal document for its performance. If the
legal document specifies that it shall be performed in stages, the time limit shall be calculated from the last day of the period specified for
each stage of performance.
Article 220. The execution officer shall, after receiving the application for execution or the writ of referral of execution, send a notification on
execution to the person subject to execu ion, instructing him to perform the execution within the specified time limit. If the person fails to
perform the execution within the time limit, compulsory execution shall be enforced.
CHAPTER XXII EXECUTION MEASURES
Article 221. If the person subject to execution fails to fulfill the obligations specified in the legal document as instructed by the notice on
execution, the people's court shall have the power to make inquiries to banks, credit cooperatives or other units that deal with savings
deposits about the savings deposits of the person subject to execution, and shall have the power to freeze and transfer the savings deposits
of the person subject to execution, however, the injury, freezing or transfer of the deposits shall not exceed the scope within which the
person subject to execution should fulfill his obligations.
The people's court shall, in deciding to freeze or transfer a deposit, pass an order and issue a notice on assistance in execution. Banks,
credit cooperatives or other units that deal with savings deposits must comply with the notice.
Article 222. If the person subject to execution fails to fulfill the obligations specified in the legal documents as instructed by the notice on
execution, the people's court shall have the power to withhold or withdraw the income of the person subject to execution within the scope of
the obligation that the person subject to execution should fulfill, however, it shall leave the necessary living expenses for the person and his
dependent family members.
The people's court shall, when withholding or withdrawing the income, pass an order and issue a notice on assistance in execution. The unit
in which the person subject to execution works, banks, credit cooperatives or other units that deal with savings deposits must comply with
the notice.
Article 223. If the person subject to execution fails to fulfill the obligation specified in the legal document as instructed by the notice on
execution, the people's court shall have the power to seal up, distrain, freeze, or sell off the property of the person subject to execution at