Theory Of Recognition And Enforcement Of Foreign Commercial Arbitration Ruling Public Policy

In recent years, the increasing international economic and trade, internationalcommercial arbitration as the modern international commercial field in one of the mainmethods of dispute solution, favored by more and more concerned. The development ofinternational commercial arbitration, however, depends on the decision to get the court to therecognition and enforcement of the court. In1958the New York convention on recognitionand enforcement of foreign commercial arbitration activities to make special provision. Theconvention stipulates clearly the court to start the justifications of the recognition andenforcement of foreign arbitral awards. So far, already has more than140countries joined,the arbitration law also gradually to the development of internationalization and unification.Early in our country in1987to join the New York convention, at the same time China alsoopened a new chapter in recognition and enforcement of foreign arbitration award.The New York convention in public policy is an independent defense. It mainly refers tothe court in according to the conflict rules should apply the foreign law, but the majorinterests of the applicable results and the court countries, fundamental policy, basiccontravene the basic principles of morality or law, is refused to apply the foreign lawreservation system. Its special properties, in the international commercial arbitration award inthe field of recognition and enforcement plays an irreplaceable role. However, the conventiondid not specify the connotation of public policy, suitable scope and applicable process.Because each country’s history and culture and legal system, there are many differences onthe cognition of public policy is also different, this gives national courts in protecting therights of their own fundamental interests when left many problems. In our country, therecognition and enforcement of foreign commercial arbitral awards started late, existingproblems are also more prominent.In this paper, aiming at the New York convention and international problems that exist inthe judicial practice at present, with the combination of theory and practice of guidingideology, using the comparison method, case analysis, empirical method and other methods, the application of the basic principle of private international law in the judicial practice offoreign commercial arbitration, the recognition and enforcement of foreign commercialarbitration ruling applies to the existing problems in the public policy in the research, and onthe basis of objective analysis, and puts forward some rationalization Suggestions on theexisting problems, in order to perfect the system of public policy in our country.This thesis consists of five parts. The first part is first in this paper, the foreigncommercial arbitral awards in recognition and enforcement of public policy applicable statusquo at home and abroad, including the academic point of view, the theory research and legalpractice, then the application is introduced in this paper the main research methods, such ascomparison method, case analysis method and empirical method. Then illustrates theinnovation of this article-namely, increase our country the rule of law in the legislation andjudicial practice of characteristics and strengthen the professional ethics accomplishment ofarbitrators.The second part of this article is mainly involved in the recognition and enforcement offoreign commercial arbitration ruling applies the general theory of public policy, publicpolicy analysis of the basic concepts and categories, emphatically expounds the public policyin the national court for recognition and enforcement of foreign commercial arbitrationeconomic value and legal value.Third part to the New York convention as the center, the combination of theory andempirical methods, this paper in the activities of foreign commercial arbitration applicablesituation of public policy and the applicable results, introduces the foreign commercialactivities in the rational application of public policy, reflects the international community toapply to the development trend of the public policy system.The fourth part mainly expounds the law of public policy in our country, andunderstanding, in order to understand the recognition and enforcement of foreign commercialarbitral awards in public policy by using the basic situation of legislation and judicial,respectively introduces man’s company in Hong Kong, China women travel case andYongning co. LTD, which is analyzed emphatically Yongning co. LTD. Yongning casecompany as so far the only one of the court is the acknowledgement and enforcement of the award will violate our country social and public interests as the defense is the case. The caseof acknowledgement and enforcement of foreign arbitral awards in China is of greatsignificance.The fifth chapter is inspired with the above case, the problem of mining in theapplication of public policy in our country, including the problems of substantive law andprocedural law, system and the judicial personnel quality problem. Combined with theinternational development trend of public policy and the rule of law of our country’s ongoingcomprehensive reform, the public policy in the recognition and enforcement of foreigncommercial arbitration ruling practice summarizes, perfect the system of public policy in ourcountry for the future of the rationalization proposal is put forward.