The Research On The Mutual Recognition Of The Arbitration Awards Across The Strait

The recognition system on arbitration between two sides of Taiwan Strait presents imperfect with serious blank and ambiguity. Followed by the prevalence of arbitration method that settling confliction of business, this system has been criticized of forming obstacles of transactions between the two parties. This paper will analyze the recognition system between mainland China and Taiwan to figure out the disadvantages respectively and come up with some opinion to improve the system.In the first part, there will be an analysis of the Criterion that defines suits of arbitration award as well as the legislations of the two regions that define foreign award. It is proved that instead of classifying the award from the other side into foreign award or recognize it as normal award of local area, a special recognize system has been established by the two parties.The second part will list some direct rules of award recognition of both sides, combining with legal interpretation and cases, to find other legal resources that may be quoted or analogized.In the third part, a discussion as well as a comparison between two areas will be demonstrated in light of those legislations that mentioned in the last part.In framework of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards1958 Article V, the fourth part will discuss the excuses that used by the two parties to refuse the enforcement of award from the other one, practically those presented by main China that result in the abuse of public policy.This fifth part of the paper, combining with the analysis in last four parts, focusing on main China's recognition of Taiwan award, some opinion will be demonstrated for the purpose of improving the recognition system, in aspects of ideology, method and legislation etc. it will be proposed that under the premise of "one China" principle, adhere the principle of jurisdictions equality and friendly inter-district concept, through unilateral legislation enrich the reasons of refuse to recognize on cross-strait arbitral awards, and to limit terms of public order abuse.