Research On Foreign Capital Mergers And Acquisitions Review

It has been 60 years since china initiated the arbitration program and over 20 years since china became a signatory to the New York Convention. During this process, a considerable number of international commercial arbitration awards have been recognized and enforced in Chinese courts. Meanwhile, china is always striving to improve its legal system during its problem-finding and experience-accumulating course of development. This article makes an intensive analysis of the practice of the recognition and enforcement of international commercial arbitration awards in china, based on some fundamental theories in relevant fields and the status quo of china's legislation and justice. As a result, I notice some remaining problems and give my personal views on them.This article is divided into three parts. The first part focuses on basic theories regarding the system of the recognition and enforcement of international commercial arbitration awards, and introduces the definition and features of international commercial arbitration awards and the relationship between recognition and enforcement as provided by the New York Convention. The second part is mainly about the international community's legislation on the recognition and enforcement of arbitration awards, its specific system and the reasons why the New York Convention refuses to recognize or implement international commercial arbitration awards. The third part makes a comparison between the legislation and justice situation in china and international legislation. Then this article continues to introduce the source of law and detailed system of the recognition and enforcement of international commercial arbitration awards in china, followed by actual case study in justice practice to evaluate the reasons why our country refuses to recognize or implement international commercial arbitration awards. In the end, this article comes up with some thoughts on enforcement efficiency, the understanding of public interest and the recognition of the validity of the arbitration agreement.