Mutual Recognition And Enforcement Of Arbitral Awards Between The Two Sides Of The Taiwan Straits

On June2010, Association for Relation across the Taiwan Straits (hereinafterreferred to ARATS) and Straits Exchange Foundation (hereinafter referred to as SEF)held leaders of the fifth meeting and signed the "Economic Cooperation FrameworkAgreement"(hereinafter referred to ECFA), the agreement came into effect inSeptember2010. The cross-strait economic and trade exchanges will open a new era,with the in-depth development of economic and trade relations, economic and tradedisputes will inevitably increase. Arbitration in resolving trade disputes with strongadvantages, Include flexible process, high efficiency, low cost, confidential,profession and so on. So it has always been highly respected by businessmen on bothsides of the strait. However, if the arbitration in resolving disputes would achieve thedesired results, it will improve its recognition and enforcement mechanisms. Atpresent, the two sides based on their respective jurisdictions the mode of separatelegislation regulation each other mutual recognition of arbitral awards in therecognition and enforcement of this Law domain, the two sides of arbitral awardshave been completed with the implementation of the basic building. This one-waylegislative model defects shall not be ignore, it also exposed the many problems inpractice.By comparing the two sides of arbitral awards mutual recognition andenforcement mechanisms of the four models, the paper think that bilateral agreementsmore feasible in the current cross-strait relations. However, over an extended period ifit can not enter into a bilateral agreement to dealing with this issue, the provisions oftheir respective jurisdictions shall improve. This paper uses historical researchmethods, case studies, comparative analysis of methods.This article is divided into the following chapters:The first chapter of cross-strait arbitral awards mutual recognition of inspectionand execution history. Through analyzing the history of mutual recognition andenforcement mechanisms of cross-strait arbitral award, we could see the outlook ofmutual recognition and enforcement mechanisms of cross-strait arbitral award.Chapter II the two sides of arbitral awards mutual recognition and enforcement regime. This chapter focuses on cross-strait arbitral awards mutual recognition andenforcement mechanisms of the one-way legislative model criticism and analysis ofseveral problems in practice, and then analyzes the Zhejiang Textile case in-depthwhich has drawn great attention in cross-straits recently.Chapter III improvement of the two sides of arbitral awards mutual recognitionand implementation of the system. This chapter summarizes the hole paper, andcompares four models of the cross-strait arbitral awards mutual recognition andenforcement mechanisms and then raises proposal for improving the mutualrecognition and execution of cross-strait arbitral award.