The Theory Of Delocalization And Its Intergration Effection On International Arbitration

Commercial arbitration is a dispute settlement system which originated and rooted inthe civil society with long history. It has obvious advantages in solving cross-bordercommercial disputes, so it is widely welcomed by the merchants.For the purpose ofeffectively solve cross-border disputes, international commercial arbitration itselfpresents the characteristic of integration.The difference between conutries in legaltraditions and culture is obvious, so different countries have their own arbitrationsystems.So the history of international commercial arbitration is the game betweeninternational and domestic arbitration system.The Delocalization theory,born in the middle of the last century, is a milestone of theintegration of international commercial arbitration. The integration of internationalcommercial arbitration requires full respection of party autonomy, and want to getrid of the interference of countries, so in order to solve specific needs, theDelocalization theory was born. The Theory further impetus the process ofconvergence of different arbitration systems, and speed up the exchange betweeninternational and domestic arbitration, and has a significant impact on internationalcommercial arbitration system.In this paper, the research reveals the integrated development of international commercial arbitration, and analyzes the Delocalization theory thoroughly,and also demonstrates the importance to commercial arbitration, and promotes the development ofcommercial arbitration by perfecting the Delocalization theory.The author studys theabove to contribute to the development and improvement of international commercial arbitration system.The text of this paper is divided into eight chapters.The first chapter IntroductionIn order to solve the dilemmas of arbitration, the theory was produced to solve theproblems, so it is worth to study.The author conduct a preliminary analysis on theinternational commercial arbitration, and defines the scope of the study, and alsopave the way for the subsequent study on the integration of international commercialarbitration; while the author analyze the “international” charccter, pointing out theimportant feature of international commercial arbitration, and regards the theory ofDelocalization is a milestone of international commercial integration; thussummarizes and analyzes the research status of Delocalization Theory, and at the lastgive an explanation of innovation points. The second chapter Analysis on the theory of DelocalizationIn this section, the author first analyzes the origins of the theory by giving typicalcases.The traditional arbitration theory cannot adopt the new situation, so theDelocalization Theory was produced to solve this kind of problems. the author alsostudy the base of the Theory from different aspects,like the author of partyautonomy, the national judicial authority and development trend of internationalcommercial arbitration,so pave the way for the study of relationship betweenintegration of international commercial arbitration and this Theory. Comb the theoryresearch situation, and analyzes represent views of scholars, and classfy theDelocalization awards.And point out the disadvantages of the Delocalization theoryin order to perfect it in the future.Finally, encounter several related problems in thestudy.The third chapter The practice of the theory of DelocalizationThe role of theory is to guide the practice of law, it is no exception in internationalcommercial arbitration.The study of Delocalization can not just stop at thetheoretical level, but also should pay attention to the theory in practice. This papercompares several representative countries to get the situation of legal systems; andalso study the international situations to get the results.Through the study of allaspects of the arbitration practice, the author find that further use of DelocalizationTheory makes international commercial arbitration more integrate.The fourth chapter The perfection and use of the Delocalization theoryThe theory of Delocalization, as a specific theory, is still very young,so there aresome deficiencies, which would result in obstacles to commercial arbitration. Theauthor propose ideas to perfect the theory of Delocalization about party autonomy,state judicial and some legal procedures, so it can do better to serve the practice andpromote the development of.The fifth chapter The intergration of International Commercial ArbitrationIn order to get smooth settlement of commercial disputes, the integration of isrequired. The integration is the native features of the international commercialarbitration. The commercial activities requires efficiency and convenience, and theinternational character of international commercial arbitration causes differences, soonly the integration of the legal system can solve the problems. The practice ofcommercial arbitration needs integration and the same with the arbitration legislation,because without integrated commercial arbitration,everything becomes cumbersome.The author find that the process of international commercial arbitration integrationhas begun, the " New York Convention " is a quite obvious nodes. The sixth chapter The analyse on the integration of international commercialarbitrationThis paper would study the content of the integration of international commercialarbitration, and analyse how it workes. Firstly, the author proposes the definition ofthe integration of international commercial arbitration,based on the analysis ofintegration.And analysis the legal integration based on the trend of globalization;Secondly, the author analyzes the content of the integration of internationalcommercial,find that the dose not means the arbitration legislation of all thecountries become the same, and point that the arbitration integration useinternational conventions as a bridge to connect the national arbitration legislation.Finally, the author analyzes the relationship between globalization and integration,and point out that the integration of international commercial arbitration is alreadyexist.The seventh chapter The different influence of Delocalization Theory on theintegration of Commercial ArbitrationThe arbitration integration is an objective description of the practice and the theoryof Delocalization is a milestone of international commercial. The theory ofDelocalization gets rid of the constraints of the arbitration law, making arbitrationmore freely and efficiently, and all of this is the appearance of integration ofinternational commercial arbitration. The author analyzes the value of the theoryitself from theoretical content and also analyzes the practical content.And finally theauthor point out that the recognition and enforcement of the theory of Delocalizationhelp to perform the integration of international commercial arbitration.The eighth chapter ConclusionsThis part contains the foregoing discussion and perspectives, and the lack of theresearch. The integration trend of international commercial arbitration has been veryclear, and recognizing this trend will help us to promote the commercial arbitrationtheory and practice. The theory of Delocalization is the result of the integrateddevelopment, but also affect the process of integration of international commercialarbitration, the relationship between the two is clear and unambiguous analysis.Webelieve that the study will give us the suggestion how to perfect the arbitration law.