On The Admittance And Enforcement Of A Foreign Arbitration Award In The Chinese Court

The paper clearly summarizes the outline of the relevant procedures regarding the application for the admittance and enforcement of a foreign arbitration award before a People's court, and the interior proceedings of taking instructions in advance from the higher People's court and the Supreme People's Court of P. R. China where a People's court is going to make rulings of refusal. Such an outline, while is also based upon the relevant provisions of the Code of Civil Procedures of P. R. China and many judicial interpretation promulgated by the Supreme People's Court of P. R. China in recent years, will be welcome by practicing lawyers.Having made the brief introduction to the basic frame and spirit of New York Convention 1958, the thesis mainly analyses the key provisions of Articles 1,2,3,4,5,6, & 7, especially Article 5 of the Convention, the research is referred to the main stream of theories in the international arbitration law and the relevant trial practice in USA, UK, Italy, Swiss, Egypt and India etc. The main aim of the paper is to contribute ideas in the proper application of the Convention in a People's court, then to contribute our efforts in the uniform application of the Convention.The thesis also discuses the relevant judicial reviewing approach adopted by People's courts and puts forward the opinions of minimizing protectionism.The enforcement of an arbitration award made in HKSAR, Macao and Taiwan is part of the inter-regional legal system topics in a state, which is peculiar to P. R. China. The paper also briefly studies it.