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International Commercial Arbitration \

Author: DengJianFang
Tutor: YangShuMing
School: Southwest University of Political Science
Course: International Economic Law
Keywords: International Commercial Arbitration Trend Research The arbitration award Of arbitration law Arbitral tribunal Enforceability Arbitration proceedings The principle of fairness and justice International commercial exchanges New York Convention
CLC: D997.4
Type: Master's thesis
Year: 2004
Downloads: 116
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Executive Summary


In traditional international business arbitration , domestic law of the arbitrating place is undisputable authority . However, arbitrating country’s law has been seriously challenged by delocalization and there has been a trend of arbitration procedure away from the arbitrating place’s law with the development of international business arbitration .This article argues the delocalization theory has many things to do with the modernization of arbitration law . The reasonable elements of the theory have been accepted by more and more countries in their legislation and practice . Our country’s arbitration law ought to adopt the development.This essay is consist of six chapters. The preface and the first chapter of this essay deliberate the popular theory on the international business arbitration both home and abroad. That is the delocalisation theory, including its concept, characters, appearance, development, and the different names of the theory and the relations between them.The second chapter of this essay introduces the practice of the localization theory in detail. It includes four parts: the practice in the international legislation; the practice in the domestic legislation; the practice in ICC; the practice in the international arbitration and the domestic judicature of different countries.The third chapter of this essay is about the comment and analysis on the delocalisation theory. From five different fields, the author gives a detailed comment and analysis about the delocalisation theory in the international commercial arbitration.The fourth chapter concerns the recognition and enforcement of thedelocalised arbitral awards. It is also consist of four parts, including its concept, classification, characters, models and performing mechanism. From five countries’ practice, the essay gives a detailed investigation on the enforceability of the delocalised arbitral awards. The essay also makes a minute theoretical analysis about the enforceability of the delocalised arbitral awards.This essay holds that the online arbitration must has something to do with the delocalisation theory. They must act on each other . This essay also talks about how to determine the procedural law applicable to online arbitration and how to annul and recognize and enforce an online arbitral award.The thesis finally discusses the relations between the delocalisation theory and our country’s arbitration system concerning foreign nationals. It sets forth the practice of the delocalisation theory in China. A personal viewpoint is offered to expound how to apply the delocalisation theory in China.

Full-text Catalog


Introduction     8-9
the emergence and development of the theory of \    11-15
( a) the international legislation on the practice     11
( b) in the domestic legislation on the practice     11-12
( c) of the international Chamber of Commerce in practice     12-13
( d) practice in international arbitration and national judicial     13-15
III on international Commercial arbitration non - localized \the nature perspective     16
( three ) from the arbitration system development trend of liberalization perspective     16-17
( d) the right to judicial supervision from the international Commercial Arbitration international allocation perspective analysis     17-18
( five ) from the perspective of \recognition and Enforcement issues     20-30
( a) \arbitral award \non- place award enforceability theoretical analysis     27-30
five \; the online arbitration procedural law to determine nbsp   30
( two ) ; the   30-31
( c) online arbitration award revoked and the recognition and enforcement of     31-34
34-35
( b) six, \\    38-39

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CLC: > Political, legal > Legal > International law > Private international law > International Commercial Arbitration and the International Maritime Law
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