On The Admittance And Enforcement To A Foreign Arbitration Award In The Chinese Court

China joined to the "Recognition and Enforcement of Foreign Arbitral Awards Convention" (the New York Convention) in 1987. Since then it has been 22 years. During this period its arbitration has a certain development and issued the "Arbitration Law" in 1995. The "Arbitration Law" provides a concrete implementation of the legal basis for "The New York Convention" ,but the law still has a lot of uncertainty and relative legal gaps. The result of that is there are more problems on the recognition and enforcement of foreign arbitral awards in the judicial practice and these problems have seriously damaged the reputation of China's international arbitration. In this article, the author hope it will be useful to our country's judicial practice and legislation by introducing the concept and scope of the foreign arbitration awards and procedures of our country on the admittance and enforcement of foreign arbitral awards ,from which to find the problems in our country, then introduces the relevant legislation of some advanced countries. By doing that make our country can have a clear law to follow on the admittance and enforcement of foreign arbitration awards, and make sure our country use a supportive attitude towards the enforcement of foreign arbitration awards .The first chapter of this article introduces the concept and scope of foreign arbitration awards, in accordance with the circumscription of The New York Convention on foreign arbitration awards described in detail the definition of foreign arbitration awards, including several situations. And contain the most controversy in the academic world that non-domestic arbitration award whether or not belongs to foreign arbitral awards, as well as when China's accession to the "New York Convention" made content of the commercial reservation and reciprocity reservation. I hope form the introduction of all that above we can have a certain understanding of concrete.The second chapter, this article focuses on how to admit and enforce a foreign arbitration award in China, including a court that has jurisdiction over, required documents, our review system of the court, the subjects of our courts refuse to admit and enforce (which only introduced four the most controversial matters), and reporting system of our courts to refuse to admit and enforce, and also cited a number of foreign advanced countries legislation and the provisions and our comparison, which hoping to draw inspiration from. This chapter focuses on the content that a few subjects of "the New York Convention" in Article V, including to determine the invalidity of the arbitration agreement, the recognition and enforcement of the arbitration award which are revoked, dispute arbitrability and public policy's utilization, and listed legislation and case of some countries for corresponding, I hope that can be useful for our country in judicial practice.Chapter III of this article are mainly point out that the main problems of our country on the admittance and enforcement of foreign arbitral awards, such as defects in the issue of legislation, judicial intervention, local protectionism and so on which caused a lot of problems in practice, and analysisd the causes of the problems and their harms to our country's relevant legislation and judicial practice.The final part is the author's suggestions to our country's legislative changes and integrity, improving the justice system reform, hope that our country problems can be solved on the admittance and enforcement of foreign arbitral awards. with a view to China's economic and social development comprehensive connecting to the international background, playing a role to the steady development of the promotion of international economic and trade, establishing the authority of the judiciary and the international reputation of our country.