Chinese Judicial Practice In The Mainland Under The Perspective Of The New York Convention On Research

There is a society there will be the dispute. Hence, definitely need the place, organization, procedure and the relevant rule to prevent and settle dispute. There are different ways to settle the dispute, For example, negotiation, mediation, arbitration, trial, etc. Arbitration is an important and effective method to solve civil and commercial controversy, and it is the most formal form to solve the dispute besides the litigation. Seeing from the nature, it is a quasi-judicatory method. Compared with the litigation, the prevalence of arbitration is the verdict can be executed almost all over the world by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards,1958. Before the convention made, real international arbitration didn't exist. The convention not only make the verdict can be admitted and enforced in the great majority nation of the world but also built the law system .These all made the convention become the most effective law of whole commercial law of the world. This text mainly fixes attention on the practice of Chinese court.Chapter 1 mainly commences from the basic concept that the international commercial arbitration, not be constrained by traditional relevant theories but put forward that movement level and deep level of international commercial arbitration. This chapter exhausts the differentiations between acknowledgement and performance, and put forward with the notion of" temporary measure".The acknowledgement and performance of verdicts must resolve the"ownership" of the verdict first, compared with the standard of Chineselaw, the convention supports a different viewpoint, this kind of...