Enforcement Of The International Commercial Arbitration Award In The P.R.China

With the development of the relations based on international commercial affairs, international commercial disputes appear in large amounts. Objectively, to settle the disputes requires some appropriate system. In this aspect, international commercial arbitration has been the best choice in modern time. It has many advantages: the parties own opinions are respected, the arbitrators are especially specialized and the procedures are simple and flexible and very time-saving. Besides, to some extent, international commercial arbitration is supported by the judicial system, which makes it easy to be enforced throughout the world. In other words, the enforceability of international commercial arbitration is the key factor for its popularization and development, and at the same time, it also causes international commercial arbitration to develop further. The signing of New York Convention can be regarded as an epoch-making event in the field of international commercial arbitration. It brings more confidence to world people, enabling them to cooperate in the law field and settle the disputes through peaceful ways. More than half of the countries in the world either concluded or joined the New York Convention, thus the arbitral award made by one country can be accepted and enforced in most of the world. Since it began to take effect, all the items in the convention have become universally-accepted judicial interpretations and more and more unified. The enforcement system initiated in Model Law, all arbitral awards ought to be treated equally no matter when and where they are made, undoubtedly is a supplement to the New York Convention. After joining the New York Convention, China steps onto the big stage of international commercial arbitration and is on the way toward modernization and internationalization. China' s foreign arbitration has been accepted and enforced in more than 20 countries and regions aroundthe world. Based on a through and systematic study on the problem of enforcement concerning international commercial arbitration, the thesis appraises China s enforcement system of arbitral decision, suras up the problems and points out appropriate solutions.