Probing Into And Analysis On The Theory Of Denationalisation In International Commercial Arbitration

The De-nationalisation Theory in international commercial arbitration first emerged in 1960's, which broke the traditional "Theory of the Seat", advocating the unshackling of international commercial arbitration from the law of the seat of arbitration, and the de-nationalised arbitration award is as well effective and executable. The new theory has brought about interests and debates in the circle of international commercial arbitration and has caused influences on lawmaking and arbitration practice. This thesis, by analyzing the theory in view of general arbitration principles and international commercial arbitration practice, concludes that the De-nationalisation Theory is an evolution based on the traditional theories, which is not only in compliance with the essence and characteristics of arbitration as a means of dispute solution, but also meet the need of the development of today's international commercial transactions and international commercial arbitration. The De-nationalisation theory also provides much inspirations for our law making and arbitration practice in China.This thesis consists of 5 chapters. The first chapter induced the basic opinions of and the arguments on the Denationalisation Theory in academic circle, as well as comparations with similar concepts to further clarify the meaning and scope of the concept of Denationalisation. In the second and third chapters, the article analyzed the rationality and feasibility of the Denationalisation Theory from the view of general arbitration principles and arbitration practice respectively. The article further demonstrated its pro-denationalisation stand by the analysis on the meaning of the seat of arbitration in the forth chapter. The last chapter includes the conclusive appraisals on Denationalisation Theory, and the inspirations which we can draw from the theory for the arbitration law-making and practice in China.