Research On The Laws Of Refusal On Recognition And Execution Of Foreign Arbitral Awards And The Practice Of China

China recognition and execution on Foreign arbitral awards legal system witnesses a process of starting,growing,further developing which experiences an age from growing out of nothing to relatively perfecting.Through the analysis of China current legal practice of refusal of recognition and execution on foreign arbitral awards,the author provides an effective suggestion on further perfecting China legal theory of refusal of recognition and execution on foreign arbitral awards.We find that China People Court seriously and carefully execute International Treaty obligation on recognition and execution of foreign arbitral awards,through the analysis of the legal practice of China People Court on recognition and execution of foreign arbitral awards cases,which protects national benefit and protects natural person and legal entity lawful right and benefit.China became contracting party of“New York Convention” and played an important role of international judicial assistance system long time ago,meanwhile,the basic legal system of China recognition and execution foreign arbitral awards system was established.China has been performing International Law obligation.However,we could see that the basic legal system of China recognition and execution foreign arbitral awards need to be further perfected and the international performance of recognition and execution of foreign arbitral awards need to be deeper and wider.In order to enable China PeopleCourt to play a role of supporting and supervising international commercial arbitration,it is necessary to rethink the questions exposed in China current refusal on recognition and execution foreign arbitral awards legal system performance.Firstly,New York Convention provisions are applied mainly where refusal on recognition and execution of foreign arbitral awards in the world.China is the same.When we study on the refusal on the recognition and execution of foreign arbitral awards,it is necessary to study on the preliminary question.The article studies some preliminary questions when New York Convention applied through the analysis on the standard of identifying the “Nationality” of a foreign arbitral award and “Non Domestic award”Secondly,this dissertation makes analysis on each provision of article V of“New York Convention”,and make fundamental analysis of principles of “New York Convention”,seeing from the origin of recognition and execution of foreign arbitral awards and discusses legal basis of recognition and execution of foreign arbitral awards of New York Convention,so as to establish theoretical basis of later discussion of this dissertation.Thirdly,this dissertation discusses main developed nations and regions legal basis of judicial practice of refusal on recognition and execution of foreign arbitral awards.The discussion concludes the world trend of refusal on recognition and execution of foreign arbitral awards for the purpose of perfecting China legal system.Fourthly,the author collected Supreme People Court Reply Letters of refusal on recognition and execution foreign arbitral awards from the year of 2000 and concluded China Supreme People Court's attitude on the refusal on recognition and execution of foreign arbitral awards,through an empirical analysis on such Reply Letters.On one hand,since the year of 2000,regarding to China performance of international law obligation on New York Convention,the situation have been getting better than the situation before the year of 2000.On the other hand,we have to admit that there is some space left to China to perform international law obligation on New York Convention.Fifthly,from the analysis on China judicial practice of refusal on recognitionand execution foreign arbitral awards,the author dug out some shortages on China legal system of refusal on recognition and execution foreign arbitral awards.From the perspective of Non Domestic Arbitration,Ad Hoc Arbitration and Public Policy,the author provides perfection advices.With the further expansion of the country "The Belt and Road" initiative,the Reform and Open policy has been further developed increasingly.The opportunities of China companies participating international business is becoming more and more.It is necessary for us to pay more attention the performance of refusal on recognition and execution of foreign arbitral awards.The main purpose of this dissertation is to provide own perfection advice on China obligations on execution of New York Convention in order to push forward China arbitration system to participate more international competition and strengthen the judicial service and ensure international credibility for "The Belt and Road" Initiative.