Article 260. If the person against whom the application is made provides evidence which proves that the arbitration award made by the foreign affairs arbitration agency of the People s Republic of China involves any of the following circumstances, the people s court shall, after examination and verification by a collegial panel, order to disallow the execution of the award:
(1) the parties have not stipulated clauses on arbitration in the contract or have not subsequently reached a written agreement on arbitration;
(2) the person against whom the application is made is not duly notified to appoint the arbitrator or to proceed with the arbitration, or the said person fails to state its opinions due to reasons for which he is not held responsible;
(3) the composition of the arbitration division or the procedure for arbitration is not in conformity with rules of arbitration; or
(4) matters decided exceed the scope of the arbitration agreement or the limits of authority of the arbitration agency.
If the people s court determines that the execution of the award at issue is against the social and public interest, it shall order to disallow the execution of the arbitration award.
Article 261. If the execution of an arbitration award is disallowed, the parties may, in accordance with the written agreement on arbitration concluded between them, apply to the arbitration agency for arbitration anew, or may file a lawsuit in a people s court.
CHAPTER XXIX JUDICIAL ASSISTANCE
Article 262. In accordance with the international treaties concluded or acceded to by the People s Republic of China or on the principle of reciprocity, the people s courts of China and foreign courts may request each other s assistance in the service of legal documents, in investigation and collection of evidence or in other litigation actions.
If any matter requested by a foreign court for assistance would impair the sovereignty, security or social and public interest of the People s Republic of China, the people s court shall refuse to carry it out.
Article 263. The request for and providing of judicial assistance shall be conducted through channels stipulated in the international treaties concluded or acceded to by the People s Republic of China or through diplomatic; channels.
Any foreign embassy or consulate stationed in the People s Republic of China may serve documents and carry out investigation and collection of evidence with respect to its nationals, provided that the laws of the People s Republic of China shall not be violated and no compulsory measures shall be adopted.
Except for the circumstances prescribed in the preceding paragraph, no foreign organization or individual may, without the consent of the competent authorities of the People s Republic of China, serve documents or carry out investigation and collection of evidence within the territory of the People s Republic of China.
Article 264. The letter of request for judicial assistance and its annexes submitted by a foreign court to a people s court shall be appended with a Chinese translation or a text in other languages specified in the relevant international treaties.
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