Research Of The Legal Issues On Parallel Proceedings On Maritime Arbitration

Arbitration is a kind of convenient and professional way of dispute resolution, many maritime disputes are resolved through arbitration way. Maritime arbitration agreement is the precondition for parties to submit their disputes to arbitral tribunal, it divides the jurisdiction between arbitral tribunal and the court. However, the different recognition of the same maritime arbitration agreement may results in the parallel proceedings in maritime arbitration. On the one hand, though many countries have established the principle of competence-competence and principle of res judicata to solve the parallel proceedings that occurs in the arbitration tribunal and court, these two principles can take effect well in a domestic judicial field, as to solve the parallel proceedings problem among the wold, we should establish mandatory laws and regulations in a international convention. On the other hand, maritime arbitration agreement has special nature compered to general arbitration agreement, many countries’ legislation explains the effectiveness of it in different attitude, which lead to a parallel proceedings happens more in the maritime field. As to our country, many maritime disputes has submitted to arbitral tribunal in foreign countries. But at the same time, parties may submit the dispute to the maritime court in our country on behalf of their own interests. The problem is, between the arbitration award and the court decision, which one should be taken into effect. This will involve the issue of acknowledgment and enforcement of foreign arbitral awards in China under the parallel proceedings. However, this issue has less been mentioned in other articles. Therefore, the writer may analyse the problem of parallel proceedings between arbitral tribunal and court occurred in different countries, and analyse the issue of acknowledgment and enforcement of foreign arbitral awards in China under the parallel proceedings combined with the New York convention.The article is divided into four parts.The first chapter gives the definition of the maritime arbitration parallel proceedings, and analyse the reasons of issue. The second chapter analyse who has the right to recognize the effectiveness of an arbitration agreement, and the how to make sure the governing law of an agreement, and also analyse the effectiveness of general maritime arbitration agreement/terms, and points out that the difference recognition of the effectiveness of the same maritime arbitration agreement is the main cause of parallel proceedings. And it gives some suggestions of legislative improvement on principle of Competence-Competence and the recognition of maritime arbitration agreement. The third chapter introduces the principle of res judicata, and points out the effect of this principle on solving the parallel proceedings combined with the public policy of the New York convention. And it analyses the rationality of using the principle of Res Judicata to solve the parallel proceedings in maritime arbitration. The fourth chapter analyse the issue of acknowledgment and enforcement of foreign arbitral awards in China under the parallel proceedings on the basis of the theories mentioned and the relevant cases, and points out the basic principle on solving this issue.