The courts are authorized to issue orders regarding the preservation

of evidence and property according to the Article 28, 46 and 68 of the

Arbitration Law of China and the Article 272 of the Civil Procedure Law

of China, which is the closest equivalent to orders of attachment

including orders of seizure, detainment, and freezing made by courts.

 

 

The courts will issue orders to seize, detain or freeze the relevant

property or evidence.

 

 

• If a claimant applies for property preservation under Chinese law

(which is the equivalent of provisional remedies in the West),

the first requirement is that the respondent must have an

obligation to make a payment to the claimant per the agreement

between them; for evidence preservation, there is the possibility

of loss of evidence if the remedies are not provided；

• The conduct of the other party or other circumstances may

potentially jeopardize the enforceability of the arbitral award；

• The applicant must submit the application for property or

evidence preservation to an arbitration institution instead of

submitting it to a court directly, and the arbitration institution

shall forward the motion to the competent Chinese court;