Non Within The Country's Arbitration Theory Development, Justification And Practice Applications

Delocalized arbitration theory was born from the reality of fast-developing international commerce. The original delocalized arbitration theory emphasizes that according to the autonomy of party, the international commercial arbitration should not be bound be the law of the procedure state and the effect of the arbitration awards need not be given by the state of the seat of the arbitration. At the 21st century, further development is happening in the sphere of this theory, which broadens the range to all facets of the arbitration agreement.At the very beginning, the delocalized arbitration theory was criticized seriously, because it was on the contrary of the traditional theory, the principle of the seat of the arbitration. However, this theory is reasonable no matter from the perspective of the private subject or state, even as the arbitral agreement itself. As a result, more and more states accept this theory, including the stubborn England. Even more, the function of this theory, which is implied in some international convention, is more and more important at some new realms, like e-arbitration. The value of this theory is undoubted.This essay starts from the illustration of the traditional delocalized arbitration theory and the modern one, and then analyses the reasonability of this theory as well as its latest trend in practice. A conclusion could be get: the delocalized arbitration theory will have a broad development space in the future only if amended properly according to the needs of the practice.