A Study On The Annulled International Commercial Arbitral Awards And Recognition And Enforcement Of Annulled International Commercial Arbitral Awards

Arbitration as an independent dispute resolution is distinguished from legalproceeding，the characteristic of its autonomy decides it must be supervised bynational judicial. The setting-aside arbitral awards is the important means by whichthe justice influences the arbitration. International Commercial Arbitration involvesthe relationship between the different countries, and the provisions of the grounds forsetting-aside an arbitral award are different between countries, and the grounds andthe standard for definite the validity of arbitral awards are also different. So inpractice, arbitral award which had been setting-aside by a competent authority of thecountry in which that award was made were recognized and enforced in somecountries.In traditional arbitral opinion, arbitral awards attached themselves to the nationallaw of a certain country. When it had been setting-aside by the authority of the placeof arbitration, the arbitral award was not existent, so it cannot be recognized andenforced no longer. So, the traditional theory of the arbitration to be challenged by thepractice of recognition and enforcement of the arbitral awards which had beensetting-aside. The experts of arbitration law debated drastically on the problem of“enforceability of an arbitral award which had been setting-aside”. This paper willanalyze this problem from practice, theory and combine with our country’s legislation.This article mainly composed of four chapters. Chapter one generally introducesthe system of setting-aside international commercial arbitral awards. It will simplyintroduce the nationality of the International Commercial Arbitration Awards, thedefinition of annulled International Commercial Arbitral Awards, and relevantlegislation on the setting-aside international commercial arbitral awards. Chapter twodiscusses the significance of legal system of the setting-aside internationalcommercial awards, and introduces the maintenance or abolishment of the legalsystem of setting-aside arbitral awards and the differences from refusing to recognizeand enforce arbitral awards. Chapter three is concerned the practice and the theory ofenforceability of setting-aside international commercial arbitral awards. Firstly it willintroduce the practice of French and USA, and then analyze the theory ofenforceability of setting-aside international commercial arbitral awards, and issueChina’s attitude on this problem. Chapter four analyze the legislation on setting-asidea foreign-arbitral award of PRC, and then put forward some legislative proposals.