The Rules Of Interpretation Of Contract In England And Its Enlightment To China

With the deep development of economic globalization and trade liberalization,the trend of internationalization and liberalization of commercial arbitration has become more and more prominent.China is also facing the pressure of internationalization of commercial arbitration.In the process of the internationalization of China’s commercial arbitration,one important issue that must be solved is whether the "foreign-related arbitration award without foreign factors" can be recognized and enforced.But there is no definite provision on such issue in Chinese law.Maybe to the needs of protection of domestic commercial arbitration market,Chinese judicial practice has given a negative answer to the issue pursuant to the existing law and treaties.However,such practice is debatable whether from the legal provisions or legal norms and it will inevitably lead to judicial uncertainty,instability and unpredictability.Accordingly,it is necessary to make an analysis of such issue.Based on the above background,the research content of this dissertation is as follows: The first chapter is the introduction,which mainly introduces the background and significance of the dissertation,the research status,the research methods and the main contents of the research.The second chapter mainly discusses the judicial treatment of recognition and enforcement of foreign arbitration award without foreign factor,focusing on two recent cases of the Gold Land Company and the New Prosecution Case,which revealed the practice of different judicial treatment of two similar cases,and then makes an analysis of the reasons for the different treatment,including the status of FTA,and the difference of the legal relations of the two cases.The third chapter analyzes the legal reasons for non-recognition of foreign arbitration award without foreign factor,which include that whether the nature of Article 271 of the Civil Procedure Law is a mandatory peremptory norm and the interpretation and application of public policy under the New York Convention.The fourth chapter discusses the policy reasons and legal reasons for the recognition and enforcement of foreign arbitration award without foreign factors.These reasons include the needs to keep pace with international community,to cope with the pressure of internationalization of China’s commercial arbitration and to respect party’s autonomy.The fifth chapter puts forward the suggestions to perfect the recognition and enforcement of foreign arbitration award without foreign factor.