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Arbitral Awards Recognition and Enforcement in China

Author: ZhangLeiLei
Tutor: ChenLi
School: Fudan University
Course: Legal
Keywords: International commercial arbitration award recognition and enforcement judicial practice
CLC: D925
Type: Master's thesis
Year: 2010
Downloads: 58
Quote: 0
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Abstract


As one of the important methods to resolve commercial disputes, arbitration is spontaneously created by people in long-term business activities. With economic development, this method is put into enforcement by international conventions and nations of domestic law. Due to the conflicts between each country and some circumstances limits, acceptance and enforcement of the arbitral awards is still a puzzle for a long time. In last century, the Convention of Geneva tried to resolve this problem, but it ended with a little success. With the establishment of the United Nations, after long negotiations, representatives from many countries and other institutions finally concluded the New York Convention. China also joined the "New York Convention", as one of the parties in 1986. So far, the Convention has undergone the test of practice over half a century. The results of the practice in some countries show that the "New York Convention" is a success.In this paper, the 1958 "New York Convention" is a clue with an aim to research and resolve the problem on recognition and enforcement of the international commercial arbitration awards. Comparative and dialectical methods in the view of legal point are applied in this essay. The author draws the following conclusion. Firstly, it is to reform legislation in the premise of the balance of interests and strengthen the protection of international commercial arbitration of public interest. Secondly it is to establish participating mechanism of a third party. The last conclusion is the implementation of the appeal system of non-enforcement.The first chapter introduces the concept and nature of international commercial arbitration and discusses the rules and methods of the nationality of determination. Then, this essay distinguishes differences between the international commercial arbitration award and domestic commercial arbitration award.The second chapter discusses the process, conditions, factors in refusal of recognition and enforcement with the attitudes and practices of 1958 New York Convention in some countries.In the third chapter, the author introduces and discusses the recognition and enforcement of international arbitration award in the legislation and practices. In the last, author indicates that there some problems in legislation and judicial practices in China and give some solutions in order to get some attention of legislation and judicial departments.

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