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On the 1958 New York Convention \

Author: ZhangYiBing
Tutor: DuanDongHui
School: China University of Political Science
Course: International Law
Keywords: Reservations to treaties Reciprocity reservation Recognition and Enforcement of Non within the country award International commercial arbitration services market-oriented
CLC: D997.4
Type: Master's thesis
Year: 2008
Downloads: 136
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Abstract


China's accession to the New York Convention, the real significance of modern international commercial arbitration system in China has not been established. Reciprocity reservation made in many countries of the Convention, China declared the reciprocity reservation. With the commencement of the New China's first Arbitration Code and expand the depth of the reform and opening up, the rapid development of arbitration in China, has become the preferred way for our businesses, individuals and other economic organizations to resolve commercial disputes arising from the activities of international economic exchanges. However, due to the difference between our arbitration legislation and the New York Convention \developments. In this paper, the debate of the Convention awards range between the two legal systems on the New York Convention to develop historical review, the country of the International Commercial Arbitration in comparison, the United States, Germany and other domestic arbitration legislation, analysis of the specific practices of States' implementation of the reciprocity reservation and due Statement reciprocity reservation of States under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards range. Britain, the United States, Germany and other countries, it is also declared the reciprocity reservation, but the reciprocity reservation countries is positive. Our arbitration legislation with the relevant provisions of the New York Convention is not the reciprocity reservation impact in our country more harm than good. How to eliminate the mutual development of obstruction caused by retained the cause of our country's arbitration, this paper presents the corresponding recommendations. Paper is divided into four chapters. The first chapter is the reciprocity reservation reservations to treaties and the New York Convention, provide a theoretical basis for the meaning of reservations to treaties and the introduction of the theory, analysis of the pros and cons of the reciprocity reservation for the following the abolition; reciprocity reservation legislative background of the New York Convention \Review and content, as well as the role of discourse analysis for the following reciprocity reservation to make the theory pave the way for several major reserving State in accordance with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards range and the impact of the development of arbitration. The second chapter is the reciprocity reservation on the reserving State. The main contents of the reciprocity reservation in the application of the great powers of the British, American, German and other international commercial arbitration, to investigate the coordination of the national arbitration legislation with the New York Convention, countries under the Convention to the Recognition and Enforcement of Foreign Arbitral Awards range from the reciprocity reservation impact, analyzes the impact of the development of national arbitration reciprocity reservation. The third chapter is the reciprocity reservation on the Recognition and Enforcement of Foreign Arbitral Awards. Combination of the New York Convention mutually beneficial to retain the specific content of our recognition of and implementation of foreign arbitral awards existing legislation summarize and analyze, analyze and explore for mutually beneficial to retain the existence to the non-China award in China's recognition and execution resulting in the legal obstacles. The fourth chapter discusses the adverse effects of the reciprocity reservation to the International Commercial Arbitration in China, rapid and healthy development. This chapter from the start of market-oriented modern international commercial arbitration services, a brief introduction to the big country of Britain, the United States, Western arbitration in order to meet the market trend of the efforts made and results achieved in the arbitration legislation, reciprocity reservation on our comprehensive financial into the adverse effects of competition in international commercial arbitration services market. The discussion and analysis of more than four chapters, and finally the paper concludes our \In order to eliminate this negative impact, for the revision of domestic arbitration legislation, or the withdrawal of reservations, the authors put forward their own proposal.

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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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