Recognition And Enforcement Of Foreign Arbitral Awards In China Under The New York Convention Research

Arbitration is one of the most important ways to resolve disputes in international commercial affairs.The recognition and enforcement of arbitral awards determine the efficiency of arbitration in the resolution of disputes.International commercial arbitral awards are harder to recognize and enforce because of their transnational nature.In order to promote cross-border recognition and enforcement of arbitral awards and improve the efficiency of arbitration in dispute resolution,the United Nations Commission on International Trade Law convened the United Nations Conference on International Commercial Arbitration in New York on June 10,1958 and signed the Convention on the Recognition and Enforcement of Foreign Arbitral Awards,(Hereinafter referred to as “New York Convention”)which mainly deals with the issue of recognition and enforcement of foreign arbitral awards.The essence of the Convention is that each State Party ensures that the award is recognized in its jurisdiction as it is in domestic jurisdictions and is generally enforceable.As of now,the New York Convention has 159 states parties,covering 80% of the world’s countries and regions.In the process of recognizing and enforcing foreign arbitral awards in accordance with the New York Convention,our country applied for recognition and enforcement from an arbitral award in which the arbitral award in question was filed in our country’s courts.Our court will judge the nature of the award and conclude whether it is in accordance with the law of our country or the New York Convention to recognize and enforce.After determining that an arbitral award is a foreign presidential ruling or a non-domestic state ruling,the court will examine whether there are grounds for refusing to recognize and enforce the ruling in accordance with Article 5 of the New York Convention.If the ruling is rejected by the Chinese court,the court subjects its opinion to the Supreme People’s Court.After obtaining the opinion of the Supreme People’s Court,it decides whether to recognize and enforce the arbitral award involved or not.This article sorts out the above process,explores the problems existing in the theoretical and judicial practice in each process,seeks solutions within the current legal framework for each stage of the problem,and tries to explore whether we can solve the problems in the current legal system.This article also tries to find new ways to solve the problems.This article is divided into five chapters,which are as follows:The first chapter is the significance and basis for the recognition and enforcement of foreign arbitral awards in China.This chapter is divided into two parts.The first part introduces the importance of the study on the recognition and enforcement system of foreign arbitral awards.It focuses on the importance of international commercial arbitration in the resolution of disputes and the importance of recognizing and implementing foreign arbitral awards.The significance of the recognition and enforcement of foreign arbitral award systems for China’s economic development is improved.The second part reviews the legal basis of China’s recognition and enforcement of foreign arbitral awards from both domestic and international law perspectives.The second chapter analyzes the scope of the New York Convention to recognize and enforce rulings.This chapter starts with the first article of the New York Convention and analyzes the scope of application of the New York Convention.A theoretical analysis of the regional standards and the “Non-domestic State Awards” standard was conducted,and the impact of reciprocal reservations on the scope of application of the New York Convention was explored.On this basis,in conjunction with our country’s practice,the thesis will explore the conflicts between the standards of arbitration institutions used in our practice and the New York Convention and found that the nature of the arbitral awards made by arbitration by foreign arbitration institutions in China is difficult to define and difficult to recognize and enforce.The thesis also tries to solve the dilemma.The third chapter is the analysis of the reasons for the rejection of foreign arbitral awards under the New York Convention and the reasons for their execution.This chapter divides the grounds for refusal of recognition and enforcement in Article 5 of the New York Convention into two parts: the grounds submitted by the applicant and the grounds put forward by the court.It analyzes the meaning of Article 5 of the New York Convention article by article,and explores when foreign arbitral awards may be refused to recognize and enforce the situation.Combing with our country’s judicial practice,the thesis explores the problems existing in the procedure and seek solutions.The fourth chapter is the rejection and recognition of foreign arbitral awards.This chapter focuses on the analysis of the internal reporting system.From the current status of the internal reporting system,we can see its existing problems,we analyze the reasons for its emergence and the role it has played for many years.It also analyzes the current irrationality of the system and proposes the idea of replacing the internal reporting system with an appeal system in theory and practice.The fifth chapter is the perfection of China’s recognition and enforcement of foreign arbitral award system.This chapter summarizes the issues raised in the previous section.It proposes the establishment of specific criteria for “non-domestic judgements”,the recognition of ad hoc arbitration,the replacement of arbitral agency standards by the standards of the place of the award,the improvement of the internal reporting system,or the replacement of the internal reporting system by an appeal system.