settlement enforcement

By Richard W. Wigley and Xu Jing King & Wood’s Dispute Resolution Group

The means available for effective enforcement of settlement agreements associated with litigation is an issue which is often raised by litigants in the P.R.C.  Specifically, it is often asked, what is a party’s recourse should the other party breach a private settlement agreement, but where the breach occurs after the Appeal in the litigation at issue has been withdrawn? As P.R.C. law is a civil law system based upon the statutory law, there is no equivalent to the case precedent system of common law countries, such as the United States, Australia, and the U.K.  There is relevant statutory law as provided in the Civil Procedure Law of the P.R.C., but there exist certain legal issues which may require additional clarification beyond the statutory law.  With this in mind, as per the Article 1 of the Supreme People’s Court’s Provisions on Case Guidance ("Provisions"), the Supreme People’s Court does on occasion publish what it sees as "indicative" cases, where the decisions reached in the cases are deemed to be used as guidelines in relevant judicial review by the lower courts.[1]Continue Reading Supreme People’s Court provides a Guideline Case for Court Enforcement of Settlement Agreements

作者:Richard W. Wigley  徐静 金杜律师事务所争议解决

 在中国的民事诉讼中,如何有效地执行和解协议经常会成为诉讼参与人关注的焦点。尤其是当上诉人撤回上诉请求后,而另一方当事人不执行庭外和解协议,另一方当事人的权利如何得到救济?中国是一个以成文法为基础的大陆法系国家,没有美国、澳大利亚、英国等英美法系国家一样的判例制度。虽然中国有相应的成文法,如《民事诉讼法》,但司法实践中存在大量法律问题需要在成文法之外予以释明。基于上述原因,最高人民法院在《关于关于案例指导工作的规定》的第一条中,明确说明了“指导性”案例的价值,即作为对全国法院审判、执行工作提供指导作用[i]Continue Reading 最高人民法院为各级法院执行和解协议提供指导性案例