The Cross-strait Inter-district Arbitral Award Recognition And Implementation System Research

After Hong Kong, Macao’s return to the motherland.Chinese reunificationprocess continue to move forward.It is the dream of every Chinese people to achievereunification of the motherland.The law is different among Hong Kong, Macao,Taiwan and the mainland. China become more legal family country has becomeestablished fact. Due to political historical reasons, the sides of the Taiwan straits,blocked by the political barriers on both sides of the communication. In2005, theChinese Kuo min tang (KMT) party chairman lien chan, Mr Tour to visit the mainland,was known as the "journey of peace", cross-strait relations gradually by the cold towarm.Cross-strait economic exchanges gradually strengthen, trade promotion, helpedthe increase of the cross-strait civil and commercial disputes, to solve the problembetween the cross-strait civil and commercial disputes, arbitration system forcross-strait interregional has great practical significance.But whether unilateralformulated the method of how to perfect, will not get fully trust each other. On thesolution of the conflict of civil and commercial law in our country, for reasons ofpolitical factors, adopt the interregional arbitration bilateral legislative model moreappropriate on both sides of the actual situation.Interregional arbitration system is theoptimal model solve the conflict between cross-strait civil and commercial law. Thecross-strait interregional civil and commercial disputes arbitration system has becomethe research important topic.Arbitral awards between the mainland and Taiwan will beable to get the court’s recognition and execution is the core of the problem.Cross-strait interregional arbitration system not only discusses the basic concept,classification and so on theoretical foundation, but also focuses on the recognition andenforcement of interregional arbitration rules of the design, the arbitral awardrecognition and enforcement arbitration system arrangement of the system is to studythe cross-strait interregional major premise.Compared to the mainland and HongKong and Macao’s implementation of the arbitral award arrangement design, thearbitral award the recognition and enforcement of the mainland and Taiwan arrangement design have certain obstacles, not as Hong Kong and Macao basic lawsupport, have a lack of constitutional documents between the mainland and Taiwan,only through the power of positive communication, on the basis of full consultation,to develop the arbitration award recognition and execution. Fortunately, the successfulexperience of Hong Kong and Macao, to the solution of the Taiwan question hasprovided the beneficial reference. Compared with the regional joint arbitration mode,bilateral agreement more feasible operation, regional joint model after thecommunication on both sides of the full consultation between the two parties, preparesufficient conditions to implement. Although established arbitration centre helps tothoroughly solve the problem, but the two sides of the Taiwan straits to build thearbitral award recognition and execution to arrange more down-to-earth.This articlemainly embarks from the sides of the Taiwan straits arbitration legislation and judicialpractice, the focus of the problem in the analysis of interregional arbitration executionsystem, combination of arbitral awards between the mainland and Hong Kong andMacao recognition and execution of the arrangement, establish the award of thearbitration between mainland and Taiwan recognition and execution system. Thispaper consists of introduction, three chapters and conclusion. The introduction mainlyintroduced the research purpose of this paper and the research about the cross-straitinterregional recognition and execution of arbitration system, and explains theauthor’s writing methods and innovations. The second part is composed of threechapters, each chapter consists of four sections. The first chapter mainly demonstratesthe cross-strait interregional the fundamental problem of the recognition andenforcement of arbitration, this paper introduces the arbitration institution on bothsides of the straits, recognition and execution of the arbitral award legislation andpractice. In the second chapter analyses the cross-strait interregional commercialarbitration theory perform guarantee, reservation of public order, temporaryarbitration and the arbitration award the effectiveness of the problem. The thirdchapter briefly explains the successful experience of Hong Kong and Macao arbitralaward recognition and execution arrangement and the existing problems, this paperdiscusses the award of the arbitration recognition and execution arranged on both sides of the Taiwan reasons and matters needing attention, through the cross-straitinterregional commercial arbitration arbitration system the necessity and feasibilityanalysis, evaluation of the mainland and Taiwan the arbitration ruling is the meaningof the recognition and enforcement to arrange. The third part is the conclusion,summarizes the center content of this article, put forward to build as soon as theacceptance of the arbitration award and "the mainland and Taiwan performarrangements", temporary not consider regional joint arbitration mode.