Research On Non-domestic Arbitration Law

Autonomy is the essence of international commercial arbitration, because internationalcommercial arbitration belongs to private law. Influenced by the concept of "place governsbehavior", the traditional place of arbitration theory occupy the important position in thematters of arbitration procedural law application. With the development of international trade,a lot of new question appear. The lex arbitri has been questioned. Delocalized arbitration wasborn at the right moment. As a new theory, delocalized arbitration has many weaknesses, likehow to carry out the judicial supervision and execute the delocalized arbitration award.The first chapter in the article has two parts. One part is about the content of delocalizedarbitration theory for solving the question of the legitimacy of existence. In my opinion,delocalized arbitration conforms to the trend of international commercial arbitrationdevelopment. The second part is about the concept definition of delocalized arbitration.The second chapter is on the practice application of delocalized arbitration; including thelegislation practice of different nation, arbitration rules of international arbitrationorganization on the choice of procedure law, the judicial case in common law and continentallaw.The third chapter discusses some legal issues of delocalized arbitration. As a change,delocalized arbitration needs solve the problem of delocalized arbitration agreement’s validity,delocalized arbitration’s source of validity, the judicial supervision, the recognition andenforcement.The forth chapter mainly analyze the delocalized arbitration how to influence ourcountry. And then, point out the problem of the legislation and judicial practice. In order topromote China’s arbitration career and follow up the development trend of internationalcommercial arbitration, we have to amend the arbitration law and set up delocalizedarbitration case library.