Delocalization Of ICA-researched Under The New York Convention

In the process of the international commercial arbitration development, in the respect of party autonomy principle, for the arbitration of applicable law, generally allow parties to independently choose. In the application of the procedure law in recent years gradually tend to agree with the trend, because the arbitration procedures for the place for arbitration law the influence of traditional concepts, its development was also some obstacles. For theory of delocalization arbitration is a development that the party chooses to be the procedural law, also is to expand the scope of party autonomy. For theory of delocalization arbitration, there exist a lot of debate, this paper based on the international commercial arbitration to promote the development of the play a significant role in the New York convention about theory of delocalization arbitration content, discussed the theory of delocalization arbitration problems within the scope of the convention, in particular can be divided into four parts:The first part:The theory of delocalization arbitration. Introduced background and theory of the delocalization arbitration, and have a simple analysis for the theory of delocalization arbitration in the New York convention; The second part:The existence rationality of the delocalization arbitration under the New York convention,combined with the New York convention on the rationality of the specific provisions are discussed; Part3:According to the New York convention of the specific regulation, gives some suggestions for perfection the theory of delocalization arbitration; The fourth part with China’s national conditions and detailed analysis the meaning of the China arbitration using theory of delocalization arbitration, at the same time give somes suggestions for Chinese arbitration law.