Comparison Research On The Acknowledgement And Execution Of Foreign Arbitration Awards System Between China And America

This article, based on the comparison research between China and America on the acknowledgement and execution of foreign arbitration awards system, is constituted of four chapters altogether, having proven the related issues between China and America in the eyes of the theory and the practice, grasping the general character, seeking the individuality, and having exhaustively elaborated and evaluated the characteristic advantages and disadvantages between China and America of related system. Thus, a constructive conception is proposed to consummate the system of acknowledgement and execution of foreign arbitration awards system in China.Chapter I Legal Basis for China and America in Acknowledgement and Execution of Foreign Arbitration AwardsFrom the legal origin angle, the comparison is made to demonstrate the similarities and differences in legal basis between China and America on the acknowledged and execute of foreign arbitration awards.Chapter II Reasons for Refusal to Acknowledge and Execute Foreign Arbitration Awards between China and AmericaIn view of the fact that China and America are all the New York Convention members, and the New York Convention plays the vital role in coordinating each country in domestic legislation, urging the unitizing of the acknowledgment and execution of foreign arbitration awards, this chapter elaborates the reasons for the refusal to acknowledge and execute foreign arbitration awards in the New York convention, establishing the foundation for understanding the New York Convention comprehensively.The method of comparative analysis is used in this chapter to emphatically discuss the utilization of the public order retaining in the judicial practice, having evaluated the different manner between China and America to treat the foreign arbitration awards. the mean time, obvious ignorance of the law, another common law reason created by US to cancel or refuse to acknowledge and execute, is exhaustively elaborated as well. Chapter III Practices between China and America in Acknowledgement and Execution of Foreign Arbitration AwardsUnified illustrative cases in acknowledgement and execution of foreign arbitration awards between China and America, this chapter promulgates the existing issues in the execution of foreign arbitration awards in China.Chapter IV Present Situation and Consummating Way for China in Acknowledgement and Execution of Foreign Arbitration AwardsThis chapter reflects objectively, with the detailed digital data, the present situation of acknowledgement and execution of foreign arbitration awards in China. While the positive progress is affirmed, the existing issues are taken into thorough reconsideration, such as the institutional reconstruction of court internal report system, using other country's legislation experience as reference in lengthening the petition for execution properly, consummating judicial supervising system to make the supervision to the arbitration by courts controlled in reasonable and moderate scope, so as to both effectively display the judicial supervision function in the guarantee of arbitration justice , and to fully protect litigants' legitimate rights.