Research On Extraterritorial Effect Of The Annulled International Arbitral Awards

At present, countries in the international commercial arbitral award has been revoked if the issue of extraterritorial is not reached a consensus, but the general trend internationally is that those who still insist that the traditional theory of international commercial arbitration award has been withdrawn does not have extraterritorial effect, unless an international treaty to the contrary, but most scholars thought that the premises or in certain conditions, the decision does not necessarily result in revocation of the award does not have extraterritorial effect. Ruling is revoked for different reasons, even aside an arbitration award has been in giving extraterritorial effect the same is true for the provisions of international law as the basis for the revocation, less controversial, but for the provisions of domestic law as a basis for revocation, is quite controversial. Award is made to court to revoke the awards made in its territory, there is a basis for domestic law; ruling to the Court finds that the implementation of international commercial arbitration award has been revoked is extraterritorial, but also on the basis of domestic law. Domestic law of sovereign states in their sovereign state within the jurisdiction of the laws, is based on the principle of national sovereignty and the principle of territorial jurisdiction. However, the provisions of national laws vary, disputes are inevitable.International commercial arbitration has withdrawn the extraterritorial issue in the arbitration community caused great repercussions. This paper discusses the main question is: If the International Commercial Arbitration Court revoked by decision of the State to implement State courts can enforce the decision be revoked, according to what criteria or refuse recognition and enforcement of the revocation of the recognition and enforcement The decision, China has revoked the extraterritorial effect of international commercial arbitration have any attitude, and of the recognition and enforcement of any standard or refuse recognition and enforcement of the revocation of the ruling.This article is divided into four parts, the first part of the international commercial arbitration has withdrawn an overview of the extraterritorial effect, discusses the revocation of International Commercial Arbitration and the extraterritorial implications of the meaning and analysis, "International Commercial Arbitration has been revoked," and "extraterritorial effect" link between the necessity, and to explore international commercial arbitration has withdrawn the development trend of extra-territorial effect. The second part describes the international commercial arbitration has withdrawn the causes of the extraterritorial effect, from the different countries concerned the provisions of domestic law and specific aspects of the two theories. The third part discusses international commercial arbitration award has been revoked extraterritorial basis in international law, from the "New York Convention" and find the basis for other conventions. Last discussed in International Commercial Arbitration has revoked the recognition and enforcement of China's current situation and improve the proposal.