International Commercial Arbitration "Non Localization" Theory

Traditional theory holds that international commercial arbitration, any arbitrationare dominated by specific national legal systems, are privately owned by the domesticlaw of any right conferred or derived from domestic law, that the law of arbitration.Therefore, in international commercial arbitration, the principle of territoriality ofArbitral Awards for determing nationality, recognition and enforcement of awardscanceled or plays a decisive role. But in the world economy in the context ofglobalization, on the one hand, the Internet has greatly influenced people’s lifestyles;the other hand, the two sides in trade, based on autonomy, more and more scholarsbelieve that international commercial arbitration should not be subject to the domesticlaw of the place of arbitration restrictions and limitations. On the basis of theautonomy, the parties may choose to apply outside of arbitration arbitration rules.Many jurists believe that today’s law applies to other aspects of internationalcommercial arbitration has produced a new change, blurring the arbitration law of thecountry within the existing boundaries and differences in the development ofeconomic globalization, driven by international commercial arbitration alsoaccelerated the internationalization development, will converge into a nationalarbitration rules of a new stage, that of international commercial arbitration " thetheory of delocalization" tendency. In a new system of rules, people in monitoring thearbitration award, it will not persist in the principle of territoriality in internationalcommercial arbitration, the parties are free to choose commercial transactionsassociated with the arbitration rules of procedure. Also when the award is made, theaward is not only to have force of law in the award and execution, and when thedecision is executed in other countries should be protected, that the internationalcommercial arbitration has global influence.This paper is divided into four parts. The first part describes the maininternational commercial arbitration " the theory of delocalization" of meaning, firstrevealed the principle of territoriality defects, followed according to the scholars of the " the theory of delocalization" of theoretical interpretation of the concept ofinternational commercial arbitration concluded " the theory of delocalization" of thetheory of meaning. The second part introduces the Theory originally produced. Theemergence of the network containing the arbitration, the principle of party autonomyand legislative convergence of international commercial arbitration procedures andother factors. For these reasons contributed to international commercial arbitration "the theory of delocalization" of theory development. The third article describes someof the major scholars from various countries on International Commercial Arbitration" the theory of delocalization" of the theory of the view, the formation of a " thetheory of delocalization" of theory. The fourth section describes the various countriesof the " the theory of delocalization" of the theory of practice, summed up byanalyzing the pros and cons, and scientific interpretation of international commercialarbitration " the theory of delocalization" of the theory of meaning and to theinternational community and the role and contribution of each country. While the " thetheory of delocalization" prospects elaborate. Respectively, from the perspective ofinternational commercial arbitration procedures and the Recognition and Enforcementof Arbitral Awards perspective of "non-local" of discourse. I support the InternationalCommercial Arbitration " the theory of delocalization" of arbitration positive effect.And summarizes the International Commercial Arbitration " the theory ofdelocalization" of rational factors, and thus the country in future legislation andjudicial practice serve to guide and reference.