On The Theory Of Delocalization Of International Commercial Arbitration

Delocalized arbitration theory was born from the reality of fast-developing international commerce. The core contents of the theory is that the international commercial arbitration should not be bound to the law of the procedure state and the law which is selected by parties or arbitration courts could be applicable.The effect of the arbitration awards is not given by the state of the seat of the arbitration. In the period that international commercial arbitration develops rapidly, the research on this topic is valuable in both theory and practice.Chapter 1 focuses on the concept and formation of the delocalized arbitration theory.The theory arised from 1950s and 1960s because of the problem of law application when one of the parties is a country.Chapter 2 is about the delocalized arbitral award. Starting from the nature of arbitration to analyse the validity of delocalized arbitral award.On the basis of analysis the rules and systems of New York Convention to prove that the New York Convention supports the enforcement of delocalized arbitral award. The delocalized arbitral award could not be vacated by court of the procedure state.Chapter 3 focuses on the delocalized arbitration theory in practice.The theory produces an important effect on legislations in many countries.There are also a lot of international commercial arbitral precedents. Chromalloy Aero Service Inc. V. Ministry of Defence of the Republic of Egypt effects the international arbitration seriously. It would be an eloquent demonstration for delocalization of international commercial arbitration by reviewing this case.In the last tow parts,the author analyzes the delocalized arbitration theory from the legitimacy and limitations,and then analyzes the status of arbitration in China concerning foreign interests and proposes several methods to perfect it.