On Recognition And Enforcement Of Foreign Maritime Arbitration Awards

Recognition and enforcement of international maritime arbitration awards is paid much attention by all the countries today when international maritime arbitration has become the main means to solve international maritime disputes. The maritime arbitration law and recognition and enforcement of maritime arbitral awards are internationalized and unified by the enforcement of "Convention on the Recognition and Enforcement of Foreign Arbitral Awards"(hereinafter referred to as "New York Convention") and other international conventions signed by international societies which are based on "New York Convention" and the arbitration law made or revised based on "Model Law on International Commercial Arbitration". China ratified "New York Convention" in 1987 and began to recognize and enforce international maritime arbitration awards, for which the enforcement of "Arbitration Law of PRC" in 1995," Maritime Procedure Law of PRC" in 1999, "Civil Procedure Law of PRC" in 2007, and judicial directives or notices issued by the Supreme People's Court provided law and practical basis. However, the standards of refusing to recognize and enforce international maritime arbitral awards are different due to different understanding of "New York Convention" by different counties and the different laws of them. Obvious problems exist in China in respect of recognition and enforcement of international maritime arbitration awards due to its initial stage.This thesis mainly covers the basic concept of recognition and enforcement of arbitral awards, recognition and enforcement of international maritime arbitral awards, recognition and enforcement of Chinese and other countries, and a constructive conception on recognition and enforcement of foreign maritime arbitration awards in China. This thesis points out the problems in our country in this respect and puts forward solution, hoping to make recognition and enforcement of foreign maritime arbitral wards in our country develop towards the international developing trend.