The Enforceablity Of Foreign Arbitral Award Of Disputes Without Foreign Factors

Represented by foreign-invested enterprises, the companies having a foreign background recognized by Chinese law as a Chinese legal person, natural need to settle the dispute by international ways, will submit the disputes without foreign factors to foreign arbitration institutions. In the "Beijing ChaoLai" case, Chinese court clearly decide the agreement null and void that submit the disputes without foreign factors to foreign arbitration institutions, and judge the arbitration award shall not be recognition and enforcement because of the invalid arbitration agreement for the first time. Given Chinese domestic legislation no such clear provision of the arbitration agreement, combined with relevant foreign factors in arbitration system of our country and the nationality of arbitral awards not enough clear, thus it is extremely necessary to discuss the enforceability of foreign arbitral award of disputes without foreign factors.In addition to the introduction, this paper will be divided into four chapters:The first chapter is the cause of the problem. By means of introducing the basic details of " Beijing ChaoLai" case, exploring the focus of the case, according to the result of the court and similar trial practice, put forward the basic problem discussing in this paper.The second chapter is the key problems about the enforceability of foreign arbitral award of disputes without foreign factors. With "Beijing ChaoLai" case as an example, respectively expounds the standard of foreign-related factors, the validity of the arbitration agreement, the nationality of arbitral awards and the application of the public policy.The third chapter is the foreign investigation about the enforceability of foreign arbitral award of disputes without foreign factors. On the one hand, discussing the enforceability of foreign arbitral award of disputes without foreign factors in our country overseas. Again, on the other hand, to investigate the arbitration system of United States, Germany, Singapore, Italy and other countries about the enforceability of foreign arbitral award of disputes without foreign factors.The fourth chapter is the profound consideration on the enforceability of foreign arbitral award of disputes without foreign factors and the selection of Chinese law. Through to study the key problems and the foreign investigation, offers practical advice by arbitration to solve disputes without foreign factors, and puts forward views on Chinese law.