Analysis On Case Of Application For Recognition And Enforcement Of Arbitral Awards From The Korean Commercial Arbitration Board By Jia Shi International Corporation

International commercial arbitration,as an international dispute resolution,plays an irreplaceable role in international commerce and trade.Especially since the 21 st century,driven by the trend of globalization,the economy develops rapidly in various countries and cross-border trade between countries has become increasingly frequent.With its autonomy,flexibility and confidentiality,international commercial arbitration has gradually gained the favor of all parties involved and its status in commercial activities has also raised increasingly.However,the arbitral award does not mean that the dispute is completely resolved.If the arbitral award is not enforced in a proper and conscious manner,the recognition and enforcement of the arbitral award will probably be the necessary procedure for the settlement of disputes.Only when the arbitral award is successfully recognized and enforced can the dispute be satisfactorily resolved.Recently,with the rapid growth of China's economy,commercial exchanges between China and foreign countries have also become increasingly frequent.The number of cases about foreign arbitration rulings applying for recognition and enforcement in China has also continuously increased.In these case,the respondent always comes up with many grounds of opposition so that the award will not be recognized and enforced and the most common grounds would be that the arbitration agreement is null and void and the party is not given proper notice.The author aims to explore legal issues in the determining of the validity of the arbitration agreement and the determining of proper notice,analyze the lesson about our country's recognition and enforcement of the foreign commercial arbitral award in this case and make relevant suggestions by the analysis of a case about a foreign arbitral award applying for recognition and enforcement in our country.This article consists of four parts:The first part is the brief introduction of the case and the arguing points.This chapter firstly summarizes the focus of dispute in the case,which are the determining of the validity of the arbitration agreement and the determining of proper notice,and then generalizes the defense raised by both parties and the court's view on the focus of the dispute and the trial result.The second part is about the determining of the validity of the arbitration agreement.In this part,the author firstly analyzes the applicable law of the arbitration agreement under different circumstances from the perspective of conflicts law;then the author discusses the formal requirements and substantial requirements of the arbitration agreement from the view of the validity of the arbitration agreement;and lastly,the author makes an evaluation of the judgment about the effectiveness of the arbitration agreement in this case.The third part is about the determining of proper notice.In this part,the first issue is the discussion about the applicable law to proper notice;the second issue is the standards in determining proper notice and the last issue is the evaluation about the judgment about proper in this case.The fourth part,based on the analysis of the above parts,analyzes the lesson about our country's recognition and enforcement of the foreign commercial arbitral award from this case and makes relevant suggestions...