On Recognition And Enforcement Of Foreign Arbitration Awards

Recognition and enforcement of international commercial arbitration awards is paid much attention by all the countries today as international commercial arbitration has become the major means to resolve international business disputes. The arbitration law and recognition and enforcement of arbitration awards have been internationalized and unified by the implementation of "Convention on the Recognition and Enforcement of Foreign Arbitral Awards" (hereinafter referred to as "New York Convention"), some other international conventions based on New York Convention and arbitration laws of its members constituted or revised according to UNCITRAL Model Law on International Commercial Arbitration(1985). China acceded to New York Convention in 1978, and its Arbitration Law, the Supreme People's Court's Interpretations on arbitration issues etc., have gone to effect since 1995 in succession. All this has provided a favorable legal basis for recognition and enforcement of foreign arbitration awards in China.Comprising four chapters, the paper has a detailed analysis on conditions of recognizing or enforcing foreign arbitration awards, with introduction to the major articles of New York Convention, combined with international arbitral theory and legal practices of such members as USA etc. The paper with conciseness summarizes the outline of the procedures regarding the application for the recognition 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. Based on the relevant provisions of the Code of Civil Procedures of P. R. China and relating interpretations promulgated by the Supreme People's Court, the outline includes academic analysis of current issues in China and comments on advantages and disadvantages of current system in China, with As for the conclusion, the paper offers a constructive conception on recognition and enforcement of foreign arbitration awards in China, with an attempt to ensure the consistent application of New York Convention in China and its unification.