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The two sides of the arbitral award mutual recognition and enforcement of

Author: WeiRuoChen
Tutor: YuZhaoPing
School: China University of Political Science
Course: Civil Procedure Law
Keywords: Mainland Taiwan The arbitration award Recognition Execution
CLC: D997.3
Type: Master's thesis
Year: 2011
Downloads: 29
Quote: 0
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Abstract


Arbitration , a non-governmental nature of civil disputes settlement mechanism , plays an important role in resolving cross-strait civil and commercial disputes , especially in the economic and trade disputes . However , the current cross-strait arbitral award mutual recognition and implementation of the theory and practice there are many problems and defects . By analyzing the relevant provisions of the two sides summed up the impact of the two sides exist arbitral award of mutual recognition and enforcement of factors , combined with the related case , build cross - strait arbitral award mutual recognition and execution of the full system and found that the two sides defects of the relevant provisions , and the proposal of amendments period of judicial practice and promote cross-strait exchanges . The text is divided into four parts : the first chapter of the two sides of arbitral awards recognition and enforcement of an overview . Historical analysis , follow the historical development History narrative mutual recognition of the two sides of arbitral awards and execution . Using literature analysis Looking into the future of cross - strait cooperation of Arbitration . Explore the controversy of cross - strait arbitration nationality and the resulting theoretical and practical issues . Chapter II continent on the recognition and enforcement of arbitral award Taiwan . Literature analysis and case analysis , judicial interpretation of the Supreme People's Court targeted as the main body , and binding arbitration, books , papers, cases, and the Supreme People's Court for approval of the relevant cases , build recognition and enforcement system , detailed application recognized procedures , requirements , effectiveness and admitted after the execution , clear individual blurred difficult to determine the meaning of the content , and combined with theoretical analysis of the defects and shortcomings which exist . Chapter Taiwan to mainland arbitral award recognition and enforcement . Literature analysis and case analysis, Taiwan arbitration books , papers , meetings , discussion of minutes and the jurisprudence of the Court as a basis for analysis , extract relevant information to recognize and perform mainland arbitration award to build the system of recognition and enforcement of discusses the application for recognition procedures , requirements , effectiveness , and admitted after the execution, combined with the lack of theoretical discussion during . The fourth chapter two sides arbitration award of mutual recognition and enforcement of perfection . The outcomes of previous research proposals for amending the law , which relates to a separate legislative proposals , it is recommended to modify the procedures , requirements , and effectiveness of the application for recognition .

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CLC: > Political, legal > Legal > International law > Private international law > International Civil Procedure Law
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