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Recognition And Enforcement Of Arbitral Awards

Posted on:2004-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:B J ChengFull Text:PDF
GTID:2206360125461313Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The acceptance and enforcement of the International commercial arbitration awards has always been a comprehensive and hard problem. In the early twentieth century, the Convention of Geneva of 1927 tried to resolve this problem. However, it ended with a little success because of the international situation at that time and the great differences in the legislation and legal practice between the countries. In 1958, the representatives from many countries concluded the New York Convention of 1958, which alleviates the burden of the applicant, In the meantime, the convention enumerates several refusal reasons of acceptance and enforcement of the arbitral awards. In the following half a century, the New York Convention of 1958 has been proved to be a great success, however, the deficiencies of the convention have emerged .which cannot meet the demands of the contemporary situation. Many scholars have been putting forward all kinds of proposals to solve this problem, but all of them end with failure though there are some reasonable and creative viewpoints This situation arouses me great interest in this subject. So the author tries to solve this problem from the legal point on the shoulders of the former scholars.This essay begins with the general introduction to the international commercial arbitration such as the definition and characteristics, which lays a solid theoretical foundation for the acceptance and enforcement of the international commercial arbitration Awards, and then reviews the developing trend in the recent years.Chapter 2 narrates the process and conditions of acceptance and enforcement of the international commercial arbitration award with reference to the New York Convention of 1958 and UNCITRAL'S Project for a Model Law on International Commercial Arbitration (the UNCITRAL'S Project for a Model Law) and then discusses the different attitudes and practice of the member countries while performing the duties concerning the acceptance and enforcement of arbitral awards .Chapter 3 has a careful and thorough study on the acceptance and enforcement of the arbitral awards by the International Centre for Settlement of Investment Dispute (ICSID), then followed by a comparative study between the New York Convention of 1958 and Convention on the Settlement of Investment Disputes between States and Nationals of Other States.In the following chapter, the author reviews the refusal reasons for the acceptance and enforcement and the different interpretation of the member countries in performing Article 5 of the New York Convention of 1958 . Chapter 5 goes over H. Holtzsmann's opinions on how to solve this problem. Then the author makes some critical comments on his opinions and gives his own proposal , that is, to set up an appeal court for the international commercial arbitration.The last chapter reviews the present practice in China about the acceptance and enforcement of the international commercial arbitration awards, and points out some problems existing in it , which will improve the legislation on this subject in our country.The essay takes the New York Convention of 1958 as a clue with an aim to research and resolve the problem on the acceptance and enforcement of the international commercial arbitration awards. Comparative and dialectical methods are applied in the essay, however, the author analyses the subject mainly from the legal point of view, and draws the following conclusion: an appeal court of the international commercial arbitration awards should be set up in order to solve this problem with reference to the successful experience in the organizing system of the international institutes .The essay is, in some sense, of great theoretical and practical significance for its foreseeablity and methodology, which points the way for the coming scholars on this subject.
Keywords/Search Tags:the international commercial arbitration award, arbitration agreement, ICSID(lnternational Centre for Settlement of Investment Dispute), the Doctrine of Delocalization, the Appeal court of International Commercial Arbitration Awards
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