Studying The Recognition And Enforcement Of Non-domestic Award Under New York Convention

“The Theory of Denationalization” is a certain result of the internationalizationand liberty of International Commercial Arbitration. The theory claims InternationalCivil Procedure can shake off the law of the seat of arbitration, applying the law choseby the parties or arbitration institution as arbitration rules and making an arbitrationaward. The effect of the arbitration award comes from the principal of IntentAutonomous, existing independently from the subject law. The judicial supervision ofnon-domestic arbitral award should be implemented by the recognition andenforcement state but not the arbitration state. Although the theory matches theessential character and feature of the arbitration and fulfills the need of developmentof international commercial arbitration, the applicable range and chance ofdenationalized theory of arbitration are limited.The case of NINGBO ARTS is the first case that Chinese court recognized and enforced the arbitration of CIETAC.It is also the first case that Chinese courtrecognized and enforced non-domestic award under New York Convention, whichhas touched off a debate between some arbitration scholars and workers. In this case,the two parties chose CIETAC as arbitration institution, but the place of arbitrationwas China. So it gave rise to some problems that the nationality of the arbitrationaward is France, China or denationalized arbitration, that it is reasonable or not theNingbo intermediate people’s court supposed the arbitration award of CIETAC to benon-domestic award under New York Convention and recognized and enforced thearbitration of CIETAC and that how should Chinese court deal with non-domesticaward. All of these problems should be thoroughly discussed.This thesis consists of6chapters. In the first part, the thesis introduces the detail,the judgement and the disputes about the case of NINGBO ARTS. Thereinto, it sumsup the disputes caused by the judgement made by the Ningbo intermediate people’scourt. In the second part, the thesis states the provision of New York Conventionwhich is the Legal basis of recognizing and enforcing denationalized arbitration,giving a base for the in-depth analysis of the fifth part. The third part explains somecountries’ legislation and judicature practice about denationalized arbitration,including France, Switzerland, America, British and so on. These countries’legislation and judicature practice can be used for reference in this case. The forth partdiscusses the attitude of China to denationalized arbitration according to our country’slegislation and judicature practice, providing law and case support for non-domesticaward made by foreign arbitration institutions in China. The fifth part analyses thecase of NINGBO ARTS, and comes to a conclusion that under the current Chineselegal system, it is reasonable that the Ningbo intermediate people’s court supposed thearbitration award of CIETAC to be non-domestic award under New York Conventionand recognized and enforced the arbitration of CIETAC.The sixth part mainlydiscusses the rationality and limit of “the Theory of Denationalization”, andemphasizes the prospect of China to recognize and enforce non-domestic awardunder New York Convention.