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The Conflict and Coordination on the Nationality of International Commercial Arbitration Award

Author: WuWenTing
Tutor: LiangXiaoYin
School: Central South University
Course: International Law
Keywords: award of international commercial arbitration nationality non-domestic award
CLC: D997.4
Type: Master's thesis
Year: 2011
Downloads: 119
Quote: 0
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Abstract


The nationality of the international commercial arbitration award is the legal basis both for a country’s right to revoke a arbitration award and the implementation capacity of the award.To determine the nationality of a international commercial arbitration award is a very important theoretical and practical issue.An international commercial arbitration award has a variety of connecting facters invoving international elements. On the basis of the importance to a country’s interest, each country determines whether the arbitration award have domestic nationality according to one of the connecting facters.There are conflicts of nationality of international commercial arbitration award because of different standards of recognition during different countries, including positive and negative conflicts. These kinds of conflicts could be coordinated by international conventions and domestic laws. Respecting each country’s standard of determining whether the arbitration award has domestic nationality, New York Convention adopts the "standard of territory "to coordinate the positive conflict of nationality of the arbitration award, and adopts the "standard of non—domestic award " to coordinate the negative conflict of nationality of the arbitration award.China adopted the "standard of arbitration agency " for determining the nationality of arbitration award.This indicates that our country has not implemented the obligation under the New York Convention of amending domestic law to coordinate the conflict of nationality of the arbitration award,and this is not fit for the situation of the development of commercial arbitration in our country.This legislation has led to argument in the theory and dilemma in judicial practice. Based on the philosophy of arbitration and the situation of the development of commercial arbitration in our country, the author proposed the" standard of territory " replace the "standard of arbitration agency" in the legislation of our country to determine the nationality of the international commercial arbitrion award.

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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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