International Commercial Arbitration Laws Of States In Non-within

With the economic globalization, international commercial transactions advance and develop very quickly. Correspondingly the international commercial arbitration, as an universal method to settle the dispute in international business, plays an increasing importance in it. Accompanying the principle of the party autonomy accepted generally on the applicable procedure of the international commercial arbitration, there is a new theory, this is international commercial nondomestic arbitration arising besides the traditional law at arbitration place.1. The basic category of international commercial nondomestic arbitration includes arbitration, international commercial arbitration, and international commercial nondomestic arbitration. Nondomestic arbitration means not only awards made not according the procedure of arbitration state, but also the arbitration which isn't domestic awards according any other country's law. Besides it, the judicial supervision of nondomestic arbitral award should be implemented by the recognition and enforcement state but not the arbitration state.2. International commercial nondomestic arbitration arised from 1950s and 1960s because of the limitations in the traditional theory of arbitration place's law and the challenge from the new scientific and technology especially the increasing prevalent arbitration on the internet. To this theory, there still exist the pros and cons at the same time.3. The jurisprudential source on international commercial nondomestic arbitration comes from the principle of the party autonomy, which is the essential attributes to arbitration, and the principle of benefit first which is the measure of value of international commercial arbitration. And the legislative authority of it centered in New York Convention and its relevance.4. International commercial nondomestic arbitration is revealed in the arbitration proceedings of international and internal legislation but also in the international commercial arbitral practice and the internal judicial precedent. On the nondomestic arbitration practice, Chromalloy Aero Service Inc. V. Ministry of Defence of the Republic of Egypt effects the international arbitration seriously. It would be an eloquent demonstration to nondomestic arbitration by reviewing this case.5. The reasonable one of the international commercial nondomestic arbitration reads as follows: it satisfies the autonomization of international commercial arbitration; it coincides the internationalization of international commercial arbitration; it corresponds the measure of value in the international commercial arbitration. It can improve the theory of international commercial nondomestic arbitration by clarifying the theory application of nondomestic arbitration and perfecting the relevant legal environment system.