On The Criterion Of The Place Of Arbitration Of The International Commercial Arbitration Award

In the beginning, the standard of determining nationality of international commercial arbitration is not uniform. After The New York Convention, the places of arbitration standard become the main standard in international legislation and the current practice. It is of great significance. In recent years, the international commercial arbitration legislation mainly based on the place of arbitration standards to decide the ownership of judicial supervision, that is not only determined the links between international commercial arbitration award and the legal system of country-specific ,and determine which country's courts have rights to supervise and prosecute, then decided to recognize that the award is or is not Included in the The New York Convention ,and decide to do the next procedures.However, as the development of "Delocalized Arbitration"theory and the online arbitration, the place of arbitration standard was questioned. In this paper, both theory and practice from the point of highlighting the place of arbitration awards in determining the nationality of international commercial arbitration still has an important meaning, and our analysis of the current international commercial arbitration award nationality criteria for determining the shortcomings, and in the establishment and improvement of China's international commercial arbitration awards nationality criteria put forward their views and suggestions.This paper is divided into a total of four parts, about 30,000 characters. The first part is the establishment of the paper. The New York Convention form the main role of the place of arbitration standard in determining the nationality of International Commercial Arbitration, but along with the development of international commercial arbitration, the meaning of the place of arbitration also has enormous changes, from the geographical sense of the place of arbitration to the more flexible and abstract sense of the place of arbitration in law. And eventually established the method which the parties consult to establish the place of arbitration mainly, if the agreement of the parties is in the absence, the Arbitration Court could identify the place of arbitration.The second part and the third part are the theoretical foundation and the focus of the text, mainly introduce " Delocalized Arbitration " theory and the online arbitration, show the Plight of place of arbitration standards in the legislation and practice: "Delocalized Arbitration" advocated that International Commercial Arbitration award are stateless, shaking the existence of the place of arbitration standards; online arbitration is digital, virtual, and contact broad-based ,it is hard to make the determination of real geographical basis. Finally from the theory and practice, the author pointed out that to uphold the standards of arbitration is feasible and necessary. From the value-orientations, maintaining public order, the support and assistance of the Court of Arbitration as well as the practical needs, international commercial arbitration award not only need to identify nationality, but the place of arbitration standard is still important. Online arbitration still can use the place of arbitration standards, not only because of the standards has been widely recognized and adopted, but it is virtual also, the determination of the place of arbitration detached from the process, it does not require the actual conduct of the place of arbitration is the location of the arbitration.Part IV focus on the establishment and perfection of our country's place of arbitration standards. Currently, China confirmed International Commercial Arbitration award's nationality by arbitration body, there are many problems. When the foreign arbitration organizations make arbitration award in China, because of the existence of the arbitration body standards, China become irrelevant, lost the power of judicial supervision. At the same time, when domestic arbitral institutions arbitrate outside the mainland, just in a country which determines the nationality of the arbitration by the place of the arbitration, then will face the conflict with the nationality. And arbitral body's standards overlooked the Complementary role of ad hoc arbitration; indirectly causing China does not recognize ad hoc arbitration. Therefore, I propose handle well between autonomy of will of the parties and the courts' judicial supervision, domestic legislation should be established guiding ideology of the legislative and judicial policy to support arbitration, making the place of arbitration standards in determine international commercial arbitration award's nationality laws status.