A Study On The Relevant Legal Issues Of Arbitral Awards Seated In The Mainland Of China By Foreign Arbitration Institutions

Regarding the question of whether an overseas arbitration institution can conduct arbitration in China,since the official implementation of the Arbitration Law of the People's Republic of China in 1995,there has been a legal level of controversy,and the focus of the dispute is concentrated on the of enforceability of arbitration awards made by foreign arbitration institutions in China.In 2013,in the reply to the Longlid case,the Supreme People's Court found that the arbitration agreement,in which the parties to the dispute agreed that their dispute should be solved through arbitration conducted by the ICC International Court of Arbitration in Shanghai,was legally binding and this seemed to shed light on the legal issues.However,does this mean in the future the validity of arbitration agreements made by parties to a dispute to have it solved by a foreign arbitration institute in China has been legally recognized?Which country's procedural law should be applied to arbitration by foreign arbitration institutions in China?How to determine the nationality of the award made,and in what ways should the arbitration process obtain judicial support from a court and accept judicial supervision of the court?The author will use the five parts of this article to discuss the above-mentioned issues related to the enforceability of awards made by foreign arbitration institutions in China.The first part introduces the issue regarding the enforceability of arbitration awards by foreign arbitration institutions in China through the introduction of the Longli case.At the same time,this problem is decomposed into the validity of arbitration agreements for arbitration by foreign arbitration institutions in China,the procedural law applicable to arbitration by foreign arbitration institutions in China,the nationality of the awards made and the path of recognition and enforcement of relevant awards.The four parts of the problem need to be solved separately later in the article.In the second part,through the analysis of relevant legal rules and cases,it is determined that the status of foreign arbitration institutions in the Arbitration Law is the method to solve the problem of the validity of arbitration agreements for arbitration by foreign arbitration institutions in China.The third part,through the problems raised by the Shenhua case,analyzes the procedural law applicable to the arbitration by foreign arbitration institutions in China,and concludes that the Chinese law should be used as the procedural law applicable to arbitration by foreign arbitration institutions in China.The fourth part analyzes the nationality of the awards made by foreign arbitration institutions in China,and calls for the place of arbitration to be established as the criterion for determining the nationality arbitral awards.The fifth part analyzes the path of recognizing and enforcing the award made by foreign arbitral institutions in China,and proposes the path that the author considers to be the most reasonable.