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China and the U.S. on the Recognition and Enforcement of Foreign Arbitral Awards Comparison and Evaluation System

Author: GaoFei
Tutor: JiangRuJiao
School: China University of Political Science
Course: Legal
Keywords: Foreign Arbitral Awards Recognition and Enforcement China and the U.S. New York Convention Enforcement of Foreign Arbitral Awards Internal reporting system Obviously ignore the law Judicial supervision Public order reserved Legal basis
CLC: D925.7
Type: Master's thesis
Year: 2001
Downloads: 213
Quote: 0
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Abstract


This paper is divided into four chapters, based on the study of the system of recognition and enforcement of foreign arbitral awards , demonstrates the two countries about the issue from a theoretical and practical point of view, to grasp the commonalities and seek individuality, more detailed exposition of the United States and China Comment Features State of the pros and cons related systems proposed to improve our recognition and enforcement of foreign arbitral awards system constructive ideas. Chapter I recognize the legal basis for the enforcement of foreign arbitral awards . From the perspective of legal sources , comparing similarities and differences between China and the U.S. legal basis for recognition and enforcement of foreign arbitral awards . Chapter II refused to recognize the reason for the enforcement of foreign arbitral awards . Given the United States are participating State \About refuse to recognize and execute the grounds for a comprehensive understanding of \This chapter uses the method of comparative analysis , focused on the public order remains in the use of judicial practice , Evaluation of Foreign Arbitral Awards between the two countries treat different attitudes , while the United States to create another revoke or refuse recognition and enforcement of common law grounds - \Chapter III acknowledged the practice and enforcement of foreign arbitral awards . This chapter combines the Recognition and Enforcement of Foreign Arbitral US typical case ruling reveals the Chinese problems in enforcement of the award . Chapter Four China on the Recognition and Enforcement of Foreign Arbitral Awards Situation and Perfection. This chapter begins with detailed numerical data objectively reflect the status of the recognition and enforcement of foreign arbitral awards in recognition of its positive progress at the same time , the problems of which conducted in-depth reflection, such as the People's Court of the institutional reconstruction of internal reporting system ; learn legislative experience of other countries , appropriately extended application execution ; improve our judicial supervision system of arbitration , so a court-supervised arbitration control within a reasonable , moderate range, both to effectively play judicial oversight in ensuring arbitration justice functions but also fully protect the legitimate rights and interests of the parties.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Arbitration Law
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