Characteristics of measures:
1. Protective measures are mandatory and temporary. Preservation measures include sealing up, detaining, freezing and ordering to provide guarantee. Once the property has been preserved, the parties concerned shall not be punished again. However, if the respondent provides effective guarantee, or the case has been closed without guarantee, the court shall lift the preservation measures.
Two, the scope of preservation is limited to the scope of the arbitration claim and the property related to the case, and the value of the property should not exceed the amount of the arbitration claim. When taking property preservation measures, the personal rights of the parties concerned shall not be infringed.
Third, the decision to take property preservation measures should not make a substantive decision on the disputed object of the parties, that is, the substantive rights and obligations of the parties cannot be determined through preservation. In foreign arbitration cases, it is of great significance to take property preservation measures. Correct and timely application and adoption of preservation measures are of great significance for protecting the legitimate rights and interests of the parties and smoothly executing the arbitration award.
Extended data
To apply to the people's court for property preservation, a guarantee shall be provided.
1. If the parties guarantee in cash, they shall pay a deposit of 30% of the subject matter of property preservation;
2, the parties to the physical guarantee, should provide the value equivalent to more than 50% of the amount of real estate or motor vehicles as a guarantee.
Take off-site seizure measures to freeze the applicant's high-risk assets such as stock accounts or capital accounts and futures contracts. , and provide real estate or motor vehicles equivalent to more than 80% of the amount of the preservation target as a guarantee. Where a party provides a physical guarantee, it shall submit the following materials:
(1) Letter of guarantee issued by the owner of the real estate or motor vehicle, industrial and commercial registration information or guarantor's ID card.
(2) Property right certificate of real estate or motor vehicle. Where real estate is used as a guarantee, the original title certificate and the real estate registration materials issued by the real estate registration agency shall be submitted; If a motor vehicle is used as a guarantee, it shall provide the original motor vehicle registration certificate, the original vehicle and vessel use tax payment record card and a copy of the motor vehicle driving license (the original shall be submitted to the people's court for verification).
(3) If there is a physical guarantee, no mortgage or other rights may be created.
3. If a party guarantees by reputation, a legal person other than the party shall be the guarantor. The guarantor shall submit to the people's court a letter of joint and several liability guarantee, a copy of the business license of the enterprise as a legal person, the identity certificate of the legal representative, the balance sheet and profit and loss statement of the last month, and the credit certificate issued by the basic deposit account bank or the audit institution.
The registered capital and net assets of the guarantor shall not be less than the amount of the property preservation target. If the guarantor provides a false balance sheet, he will be investigated for legal responsibility according to law.
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