Procedural Rule Of Foreign Arbitral Award Of Recognition And Enoforcement In China

China is a contracting state of New York convention, so we has the obligation to recognize and enforce the foreign arbitral award. But the procedural rules of recognize and enforce the foreign arbitral award have many drawbacks and legislative blanks. When the court review award, it cause judicial inefficient and the rights and interests of the parties hard to effective implementation. The procedural rules of recognize and enforce the foreign arbitral award already cannot satisfy the needs of judicial practice, we need to improve it.The paper starts from the definition of foreign arbitral award, and define the standard of foreign arbitral award. And then, the author analysis the practices and disadvantages in our country and introduce the foreign law. Through comparative study and empirical research, the author give some suggestions for procedural rules of recognize and enforce the foreign arbitral award. This paper will be divided into three chapters.The first chapter is the overview of procedural rule of recognition and enforcement of foreign arbitral awards. First, introduced the criteria of the international and China and this paper for determining foreign arbitral awards. Second, elaborated the concept of recognition and enforcement and relationship. Final, discussed the concept of procedural rule, and the reason the author used.The second chapter is the situation and problems of recognition and enforcement of foreign arbitral awards procedural rule in China. It includes application, jurisdiction, time limit, examination scope and internal report system. And points out the various programs have exposed the drawbacks.The third chapter is the advice of procedural rule on recognition and enforcement of foreign arbitral awards in our country. The improvement Suggestions is:Standard application materials, Prolong application deadline, review by civil foreign court, clear the time limit of filed and defense, limit examination scope, Construct hearing system, Establish appeal system. The article give different countries law, it hope give a good example for China.