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On The Execution Of International Commercial Arbitral Awards

Posted on:2015-08-09Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2206330461999676Subject:Law
Abstract/Summary:PDF Full Text Request
With more in-depth process of China’s WTO accession and legislative practice, international commercial arbitration unprecedented attention and attention in China, fair and efficient arbitration award in business activities and the role of the social and economic progress are inseparable. Since commercial disputes in arbitration proceedings with full respect for the autonomy of the parties, the arbitrator arbitration cases handled expertise richer, to resolve disputes through arbitration procedures flexible and convenient, arbitration is increasingly becoming a legal system in China generally taken, but practice in the existing legislation did not "international Commercial Arbitration" This title, along with the gradual understanding of the law, we can know that the international commercial arbitration this title is relative to domestic commercial arbitration is concerned, in the above Private International Law, international Commercial arbitration and foreign arbitration is a concept, just different titles only. International Commercial Arbitration in order to play itself has many advantages, gradually become the preferred dispute resolution. But at the same time, our practice on international commercial arbitration late start, lack of experience, resulting in the implementation of the existence of an arbitral award are many specific issues open to question.In 1991 the "Civil Law" and 1994’s "Arbitration Law" among foreign arbitration is that foreign economic and trade arbitration, but we need to study international commercial arbitration, in addition to including the Foreign Economic and Trade Arbitration, including transport, maritime other professional arbitration. Note that we are talking about international commercial arbitration includes not only the international commercial arbitration, but also of regional commercial arbitration between, for arbitration cases involving Hong Kong and Macao, we also in accordance with relevant laws and regulations of its foreign-related cases as processing.This article from the international commercial arbitration award related concepts and terms of use to start, at the conclusion of the relevant practices combined with China’s laws and judicial interpretations of specific provisions in the context of international practice to ask questions and solve problems, focuses on public interest in the implementation of the specific application of international commercial arbitration. In the new round of international situation and international rules how standards, and better application of the "New York Convention" and the international practice at home. This article describes three ways specific implementation issues of international commercial arbitration in China: first, the reaction problems commonly encountered in the implementation process through the introduction of the merits of the case, which leads to the focus of controversy contradictions that public interest in the application of the countries(regions). Second, through specific analysis of international commercial arbitration in the process of implementation of the specific applicable laws, discuss the status of implementation of the international commercial arbitration award, as well as Hong Kong, Macao and Taiwan regions practices on the relevant issues. Third, how to solve the difficulties and challenges in international commercial arbitration award encountered in the implementation process, how to actually deal with the problem is more in line with the requirements under the current situation.
Keywords/Search Tags:enforcement of the award, international commercial arbitration, foreign arbitration of public interest
PDF Full Text Request
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