On Cognizance Of Nationality Of ICC Arbitral Awards In China

Everything has changed in China since 30 years ago Chinese government took the policy of'reforming and opening up'. One of them is a closer connection with the rest of the world, which, especially after China joined WTO, brought more international business, but also a lot of disputes. More and more parties are relying international arbitration to solve their problems. Therefore, international arbitration is quite important in resolving international trade disputes. International Chamber of Commerce International Court of Arbitration (ICC International Court of Arbitration in abbreviation) now has become the world's most important and famous international commercial arbitration, which is not belonging to any counties like other international arbitration institutions, while proceedings of cases involving parties and arbitrators those may come from any countries. It is a typical international commercial arbitration institution.However, the legal provisions concerning cognizance of nationality of foreign arbitral awards are still not complete in our country, accordingly, there are still a lot of legal issues worthy of our reflection and practical experience worthy of our summary. To further analysis the current ICC arbitration status of legislation and judicial practice for cognizance of nationality in our country in order to further improve the legislation and sum up experience, it will be large benefit for drawing on relevant international documents, international treaties, as well as cognizance of nationality of ICC arbitral awards' criterion and practices of the other countries. Meanwhile, to study the status of ICC arbitration's cognizance of nationality in our country by means of the research on different criteria to determine the nationality, and comparing with the foreign criterion, and then find our shortcomings and problems in order to promote the development of our country in cogitation of ICC arbitration nationality.Though the cognition of nationality of the ICC arbitral awards in China as an entry point to discuss, I expect to do my bit for modifying legislation of the award of recognition and enforcement in international arbitration.