Study On The Matters Of Recognition And Enforcement Of International Commercial Arbitral Awards

Recognition and enforcement of international commercial arbitration awards is paid much attention by all the countries today when international commercial arbitration has become the main means to solve international business disputes. The arbitration law and recognition and enforcement of arbitral awards are internationalized and unified by the enforcement of "Convention on the Recognition and Enforcement of Foreign Arbitral Awards" (hereinafter referred to as "New York Convention") and other international conventions signed by international societies which are based on "New York Convention" and the arbitration law made or revised based on "Uncitral Model Law on International Commercial Arbitration". China ratified "New York Convention" in 1987 and began to recognize and enforce international commercial arbitration awards, for which the enforcement of "Arbitration Law of PRC" in 1995 towards the international development trend and judicial directives or notices issued by the Supreme People's Court provided law and practical basis. However, the standards of refusing to recognize and enforce international arbitral awards are different due to different understanding of "New York Convention" by different counties and the different laws of them. Obvious problems exist in China in respect of recognition and enforcement of international commercial arbitration awards due to its initial stage. This thesis mainly covers the concept of recognition and enforcement of arbitral awards, legal basis, procedural regulation, conditions of refusing to recognize and enforce arbitral awards in "New York Convention", international and regional conventions before and after it, the update international law making, and the developing trend of recognition and enforcement of international commercial arbitral awards. This thesis points out the problems in our country in this respect by comparison in view of "New York Convention", laws of different countries, cases, and the practical problems in the writer's practice. This thesis also puts forward suggestions on law making, hoping to make recognition and enforcement of international commercial arbitral wards in our country develop towards the international developing trend.