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CHAPTER IV: Enforcement of Arbitral Award
Article 37
The award shall, insofar as relevant, be binding on the parties and have the same force as a final judgment of a court.
An award may not be enforceable unless a competent court has, on application of a concerned party, granted an enforcement order. However, the arbitral award may be enforced without having an enforcement order granted by a competent court if the contending parties so agree in writing and the arbitral award concerns any of the following subject-matters:
1.Payment of a specified sum of money or certain amount of fungible things or valuable securities;
2.Delivery of a specified movable property.
The previous paragraph is binding not only on the parties but also on the following persons with respect to the arbitration:
1.Successors of the parties after the commencement of the arbitration, or those who have taken possession of the contested property for a party or its successors.
2.Any entity, on whose behalf a party enters into an arbitration proceeding; the successors of said entity after the commencement of arbitration; and, those who have taken possession of the contested property for said entity or its successors.
Article 38
The court shall reject an application for enforcement in any of the following circumstances where:
1.The arbitral award concerns a dispute not contemplated by the terms of the arbitration agreement, or exceeds the scope of the arbitration agreement, unless the offending portion of the award may be severed and the severance will not affect the remainder of the award;
2.The reasons for the arbitral award were not stated, as required, unless the omission was corrected by the arbitral tribunal;
3.The arbitral award directs a party to act contrary to the law.
Article 39
If a party to an arbitration agreement applies to the court for a provisional seizure or disposition in accordance with the conservation provisions of the Code of Civil Procedure prior to submitting to arbitration, the court at the request of the respondent shall order the applicant to submit to arbitration by a certain time period. However, in the event that the applicant may also proceed by legal action in accordance with the law, the court may order the parties concerned to proceed with legal action.
Upon the failure of the applicant seeking provisional relief in the preceding paragraph to submit to arbitration or proceed with legal action by the aforementioned time period, the court may, pursuant to a petition by the respondent, invalidate the order for provisional seizure or disposition.