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On The Recognition And Enforcement Of "Non-Inner Ruling" Under The New York Convention In China

Posted on:2020-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LiFull Text:PDF
GTID:2416330623953491Subject:International law
Abstract/Summary:PDF Full Text Request
At present,there is no exact and consistent judgment on the definition of “noninternational ruling” in the New York Convention.Instead,the countries signing the convention conduct “ non-international rulings ” when they actually encounter arbitration issues.Explain;of course,China's judicial interpretation does not make accurate provisions.Therefore,it is of great significance to study how to determine the criteria for ruling and to understand exactly whether non-international rulings and some foreign rulings can be implemented in China.This paper analyzes a number of practical cases,combines with the origin and development of the "non-international ruling" and China's current national conditions,and analyzes some problems encountered in the recognition and enforcement of "noninternational rulings" in China,and in the follow-up Trying to make some suggestions.The principle of reciprocal reservations made by China after joining the New York Convention also limits the implementation of “non-international rulings ” in China.This principle reduces China's obligation to enforce certain provisions of the Convention,including its obligation to recognize and enforce “ non-international rulings ”.Through the dual analysis of practice and theory,combined with China's existing national conditions,the author believes that "non-international rulings" should be supported and recognized,and appropriate changes to some of the terms of the principle of reciprocal reservations are needed to promote China's economicdevelopment and international The development of arbitration.At the end of the day,the "non-international ruling" and the principle of reciprocal reservations were put forward with improved suggestions.
Keywords/Search Tags:NewYork Convention, non-international ruling, reciprocal reservation statement, international arbitration
PDF Full Text Request
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