| The increasing participation of Chinese mainland parties in overseas arbitration,as well as the need to develop foreign-related legal services and enhance the international character and credibility of Chinese arbitration,require that overseas arbitration institutions be allowed to arbitrate in Chinese mainland.In this paper,the legal issues of the case are summarized,starting with the details of the case of Dacheng industrial gas joint-stock company and Praxair(China)Investment Co.,Ltd.,having combed through the contents of the case,including the decisions of the SIAC Arbitral Tribunal of the Singapore International Arbitration Center,the decisions of the Singapore High Court,the decisions of the Singapore Court of Appeal and the decisions of the Shanghai Intermediate Court of China,combining the claims of the two parties and relevant international and domestic legal knowledge on arbitration,the legal issues involved are studied and discussed,through the study of this case,I hope to provide some enlightenment for the improvement of China’s arbitration law and foreign arbitration system.This article is divided into five parts:The first part is to elaborate the basic situation of the case of Dacheng industrial gas joint-stock company and Praxair(China)Investment Co.,including the brief introduction of the case and the ruling situation,on this basis summed up three focus legal issues.The second part is the legal analysis of how foreign arbitration institutions determine the place of arbitration in Chinese Mainland.By analyzing the legal application of foreign arbitration institutions in Chinese mainland and the legal cognizance of "Siac Arbitration in Shanghai",it is concluded that the arbitration place of "SIAC arbitration in Shanghai" is Shanghai.The third part is the analysis of how to determine the applicable law of arbitration agreement.Through analyzing the characteristics of the applicable law,the interpretation method of the applicable law,the relationship between the applicable law of Arbitration Agreement and the applicable law of contract,this paper explains the application of the law of evidence,at the same time,it expounds the basic principles of determining the applicable law of Arbitration Agreement,and combines the three-stage method of judging the applicable law of Arbitration Agreement and the analysis of the validity of the arbitration agreement arbitrated by overseas arbitration institutions in the mainland,finally,the legal issues discussed in this chapter are concluded.The fourth part is the legal analysis of whether it is appropriate for Chinese courts to exercise judicial review power to confirm the validity of arbitration agreement.This paper makes an appropriate analysis of the review elements of cases concerning the validity of foreign-related arbitration agreements and the principles to be followed in the review of cases concerning the validity of foreignrelated arbitration agreements,the conclusion is that it is appropriate for China to exercise the judicial review power to confirm the validity of the arbitration agreement.The fifth part is to perfect our country foreign-related arbitration legal system’s ponder,separately sets out from the legislation and the judicature two aspects,provides the reference and the Enlightenment for our country arbitration law’s consummation. |
