Recognition And Enforcement Of Foreign Arbitral Awards In China

With the development of international trade, international commercial arbitration has been recognized as a major means to resolve international commercial disputes. Accordingly, the international community is paying more attention to recognition and enforcement of foreign arbitral awards. China adapted herself to this global tendency in 1987 when she acceded to New York Convention. Moreover, China has enacted Arbitration Law which, together with a series of juridical interpretations from the Supreme People's Court, forms strong legal basis for recognition and enforcement of foreign arbitral awards in China.This paper is purported to analyze and discuss recognition and enforcement of foreign arbitral awards in China by way of antitheses and citation. It is comprised of five chapters. The first chapter expounds some concepts of recognition and enforcement of foreign arbitral awards based on New York Convention. The second chapter discusses recognition and enforcement of foreign arbitral awards in China mainland in some detail. It analyses Arbitration Law and the relevant juridical interpretations of the Supreme People's Court in comparison with the corresponding provisions in New York Convention. The third chapter respectively analyses recognition and enforcement of foreign arbitral awards in Hong Kong, Macao and Taiwan of China. The fourth chapter emphasizes recognition and enforcement of arbitral awards among China inland, Hong Kong, Macao and Taiwan of China. The reason of having the third and the fourth chapter as two independent chapters is twofold. One is a historical one and the other is to try to find a more appropriate way with respect to mutual recognition and enforcement of arbitral awards and to try for further harmony. The fifth chapter examines the current practice of recognition and enforcement of foreign arbitral awards in China theoretically and practically some negative problems and at the same time it offers constructive suggestions on recognition and enforcement of foreign arbitral awards with an attempt to ensure consistent application of New York Convention and to promote the development of Chinese arbitration.