Recognition And Enforcement Of Foreign Arbitral Awards Under The New York Convention In China

With the rapid development of Chinese economy,more and more Chinese corporations have actively participated in the international commercial business,which drew the worldwide attention on Chinese positive attitude towards the New York Convention.This paper is to fully analyze the recognition and enforcement of foreign arbitral awards in China based on the comparative study and empirical analysis.Section one provides definition of basic concepts in which the criterion of determining the nationality of arbitral awards under the New York Convention and the value of recognition an enforcement of foreign arbitral award.Besides,some legal terms under the New York Convention,such as “recognition”,“enforcement”,“reservations” are also be defined precisely.Section two is the main part of this paper with regard to the legal practice in China under the New York Convention.The criterion of the nationality of arbitral awards in China especially “non-domestic” award,will be discussed through the case analysis.Besides,the “Internal Reporting System” and other procedures which are necessary in the recognition and enforcement of foreign arbitral awards in China will be analyzed as well.In addition,the author illustrates the grounds for refusal of the recognition and enforcement of foreign arbitral awards in China,based on the case analyzing.Section three puts forward some suggestions to address the issues which have been raised before.The suggestions include: a)establish a uniform standard of determining the nationality of arbitral awards from the foreign arbitration institutions rendered in the territory of China and introduce the concept of place of arbitration;b)Introduce the appeallate mechanism regarding the decision of recognition and enforcement of foreign aribitral awards;c)restrict the scope of the “public policy”.