Studying The Recognition And Enforcement Of “Denationalized Arbitration”

Along with the rapid development of China’s economy, more and more concerned,especially commercial transactions parties tend to seek commercial arbitration to resolve disputes,and Denationalisation theory in recent years emerged, development and international commercial arbitration internationalization and liberalization of the important support. In judicial practice,the recognition and enforcement of international commercial arbitration in a country has become more and more troubled people, especially in the recognition and enforcement of the controversial non-arbitral awards in China. However, the New York Convention does not make uniform provisions on the judgment standard of "non- internal state", but the problem is left to the parties to explain. From a practical point of view, the parties to the Convention, "non- within the state ruling" to make a wide and strict interpretation. Although China has joined the "recognition and enforcement of Foreign Arbitral Awards", but also made a mutual reservation statement, which gives our judicial practice has brought a lot of trouble. This paper attempts to rigorous legal analysis and empirical considerations, to improve the recognition and enforcement of China’s non- domestic arbitral awards in China.