Study On The Recognition And Enforcement Of Revoked International Commercial Arbitration Awards

As the most popular resolution mechanism for resolving international commercial disputes,arbitration has been widely praised in the international community,and as the New York Convention to promote the effective implementation of international commercial arbitration worldwide,it is known as the most effective international legislative document in the field of international commerce.However,any treaty has limitations,and the issue of recognition and enforcement of set aside arbitral awards is the most contentious representative matter since the birth of the New York Convention.This issue caused an uproar in the eighties and nineties,and in the decades since,it has been continuously mentioned and discussed,gradually forming today’s theoretical school.This article will analyze the development history and research status of the recognition and enforcement of revoked international arbitral awards,explore the sources of this problem and the current school of view,clarify whether the New York Convention retains the discretion of the court of the place of arbitration on this issue,and explore whether China should change the traditional attitude of absolute non-recognition and enforcement on this issue through comparative analysis of typical cases.On the face of it,the question of recognition and enforcement of an arbitral award in a cassed manner arises from the fact that the New York Convention does not expressly provide for the procedure for setting aside an arbitral award.He provides a new research direction for setting aside judgments at the place of arbitration,and also opens up a new path for the exercise of judicial sovereignty of the courts at the place of enforcement.At present,the international mainstream view of relative territoriality has been widely recognized in the academic circles,and it is necessary for China to leave some discretion on the issue of recognition and enforcement of revoked arbitral awards,and establish a relatively complete judicial practice mechanism on this issue to cope with the changing international arbitration situation.