The Public Order Factor In Recognition And Enforcement Of Arbitral Awards In International Commercial Arbitration

International commercial arbitration is a a method that the parties of commercial exchanges give the nature of international commercial disputes to the arbitral tribunal composing by one or more arbitrators,then make binding decisions to the parties to resolute the dispute. It is one of the most important field of modern international commercial dispute resolutions. Compared with the proceedings, the International commercial arbitration is more flexible and more professional. Most importantly, as a solution to the quasi-judicial transnational disputes procedures, international commercial arbitration comparing with domestic courts is more accessible to the judgement of the recognition and enforcement of foreign, and that is why the field of international commercial arbitration is more favored by others. Public order is a legal concept generally recognized by the international private law. In the area of international commercial arbitration, the state has despite given the parties extensive autonomy of the arbitration, but the court still retain ultimate control of the review to the International commercial arbitration through the recognition and enforcement of foreign arbitral awards. This article reads, with the development of the practice of international commercial arbitration ,that the restrictions applicable to public order get gradually increased.From the potential problem of public order defence in the International commercial arbitration cases,the public order national defence making the possibility of the success in the modern is getting increasingly small.So from the recognition and enforcement of arbitral awards, this paper analys public order in the international commercial arbitration by a three-part, looking into the public order's value in the international commercial arbitration.Then it can provide an excellent reference platform to our country's commercial arbitration system. The first part is the public order in the international commercial arbitration,including three parts.Firstly, define the connotation of public order and theory development.Reservation of public order is one of the most important system in the field of private international law. It refers that when a State court should applicate one foreign law based on the conflict regulate,it maybe excluded as its application conflict with the State Council and the vital interests, the basic policies, the basic concept of moral or the fundamental legal principles. In the area of international commercial arbitration, public order as a refusal to recognize and enforce foreign arbitration awards is of great significance as to the public order in the traditional field of private international law.Secondly, the specific circumstances contraring to public order. In the area of international commercial arbitration, according to the State practice, may be considered a violation of the recognition and enforcement of arbitral awards to the public order situation including, the subject of controversy or controversial issues of the arbitration, and violations of due process as well as the arbitrator injustice.Thirdly, the impact on International commercial arbitration by public order. In the International commercial arbitration, the state reviews and control the free arbitration of the arbitration through recognition and enforcement of foreign arbitral awards.Public order plays a great role among them, reflecting impact on the arbitrator, the Court and the application of arbitration law.The second part is public order's international trend in the recognition and enforcement of arbitral awards in the international commercial arbitration , including two parts. Firstly , state on typical countries in the practice of jurisprudence and the narrow interpretation of the public order. In practice, the parties prefer to invoke public order or ruling filed objections against enforcement of the award, but was less successful. The author clarifies that the narrow interpretation of public order is consistent with the legislative intent by introducing the case and law of a narrow interpretation to public order in typical country.Public order's defence for the application is getting increasingly narrow as a refusal to recognize and enforce international commercial arbitration award.Secondly,public order's international convergence of recognition and enforcement of arbitral awards. In the area of international commercial arbitration, as public order's inherent weaknesses, the impact of globalization to International commercial arbitration, as well as the convergence of private international law's evolution,the countries has shown even more cautious attitude in the use of public order,getting more and more restrictions , showing new features.The last part is the status quo and improving legislative proposals of public order in the recognition and enforcement of arbitral awards in China,including two parts.Firstly, the status quo and defect on legislation in China. Early founding of the new China, the Chinese Government on the relevant documents had clearly recognized and uesd of public order reservations system. Despite our current legislation about public order is more comprehensive, but it also exists many shortcomings and deficiencies on the legislative council.Secondly,perfect proposals. The author believes that can be started from the following aspects.Unified public order's connotation.Clear the understanding of public order in the domestic arbitration and related factors arbitration proceedings.Integration the recognition and enforcement system of arbitral awards,making the contents of public order specific.Limit the excessive intervention of the court from the standard of public order reviewsion.Distinguish between domestic and international public order,showing the spirit of restricting application of public order in the international community.Distinct between national policy and foreign policy rationally.Perfect the legislative shortcomings of public order on the recognition and enforcement of arbitral awards through the above areas, promoting the development of commercial arbitration in our country.