Analysis Of Recognition And Enforcement Of Foreign Arbitral Awards In China

In recent years, arbitration is becoming an important dispute settlement not only in foreign countries, but also in China. Many disputes arose between Chinese enterprises or companies and foreign enterprises or companies were agreed to be settled by arbitration. The main basis of the recognition and enforcement of international commercial arbitration in one country is The Recognition and Enforcement of Foreign Arbitral Awards Convention(the New York Convention1958). Our country’s accession to the Convention was in1987, and made reservations about some provisions. In the past20years, the large number of cases in judicial practice had been achieved our purpose to be a contract country of New York Convention. But in Chinese legal system, according to the reservation, there has no provision which can provide for "not considered as domestic awards". In addition, in our judicial practice, there still have ambiguous points in classification about type of arbitral awards. Thus, in the past cases of recognition and enforcement of non-domestic arbitral awards, there has been a lot of controversy. In legislation and practices of arbitration in China, there still have many controversies about how to recognize, how to enforce after the recognition. In this paper, for a variety of problems arise in practice, analysed typical cases, in order to find the defects in our current legal system, and combined with the legislation and judicial situation, proposed the corresponding solution.