Delocalization Of International Commercial Arbitration

Delocalizaton theory is a newly theory that has been brought out in Europe over last three decades. This theory is designed to free an arbitration from local court's interference in the process and rendering of award, so that the complicity and finality can be kept. The French Man Jan Paulsson ,one of the most proponents of delocalization states that international commercial arbitration should not be restricted by procedural law of the place of arbitration., the power of arbitration is not provided by law of the place of arbitration, before the award being enforced in should not be supervised by any judicial system. No country has the power to make the award nullified. The only way of remedy is :to admit it and then enforce it ,otherwise do not admit it and refuse to enforce it .According to this theory , parties can contract to free the arbitration from any procedural law for the sake of their interest. The arbitration of this kind is also called Floating Award as it does not subject to any domestic law system .The delocalization theory is an attractive one for both arbitrators and parties toan arbitration. Very often the place of arbitration is selected for reasons of convenience or neutrality, with neither party desiring to submit the arbitration to the proceduralnorms of that forum, especially those that permit the intervention of the local court system. In addition, failure to comply with the local procedural law could result in thefinal award being set aside by a local court, which may jeopardize any chances of enforcement elsewhere. Delocalization of the arbitral process and the final award would mean that parties remain unaffected by unforeseen and undesired local procedural law, and do not face the risk that non-compliance with such law would render their award unforeseeable.However, delocalization was initially rejected by traditionalists. They thought arbitration should be governed by the procedural law where it take place. Having gone on until the present days, the arguments for delocalization begin to wane as national arbitration laws become more liberal in a desire to attract international arbitration.It has point in going into the theory of delocalization and analyzing it'influence on the selection of the procedural law of the international commercial arbitration. As a theroretical problem with a strong practical influence, the theory of deocalization, after all .directly improves the liberalization of the selection of the procedural law in an international arbitration. In this article, such research methods were used as the comparative research, cross-discipline research and positive study to analyze the different laws in different countries and their value for us to cope with the lack of the similar laws in china and our own specific legislative situation. This article also put up good proposal and discuss that we should borrow this theory appropriately.Apart from summary and conclusion, this article is mainly comprised of the following components:1. Definition and origin of delocalization 2. The theoretical resource of the effect of delocalization. This part is mainly to find the theoretical basis through analyzing the characteristics ,the attributes and the value of the international commercial arbitration. 3. The practice of delocalization in legislation and jurisdicature. This part makes a positive research on delocalization through analyzing the legislation about arbitration, the international treaties and the classical decisive cases. 4. The trend of self-autonomy of international commercial arbitration. This part is to prove that delocalization is in consistence with international commercial arbitration in tendency and the former is just the reflection of the liberalization of the selection of the procedural law in the international arbitration.5. The judicial supervision over delocalization and international commercial arbitration. As international arbitration necessitates judicial supervision, this articlemainly analysis the change in the latter brought by delocalization. 6. Delocalizati...