Due Process Of Recognition And Enforcement Of International Commercial Arbitration

Arbitration is a popular dispute resolution method because of its high-speed,confidentiality and efficiency. However, in respect of international commercial arbitration, the most impartant advantage of arbitration is that the1958Convention on the Recognition and Enforcement of Foreign Arbitral Awards(herein after refer to the New York Convention) makes sure that arbitral awards can be enfoced in almost all the world. The New York Convention is one of the most important and the most of successful conventions, and the Article V, which is the core of the Convention, establishes the standards of judicial examination towards arbitral award taken by the cuontry where the recongnition and enforcement is sought by prescribing that the pleas against the recongnition and enforcement. Article V(1)(b) providing the violation of due process is the most widely used ground in the judicial practices of most countries including China. Therefore the essay focuses on this provision in order to find the laws of interpretation and application of Article V(1)(b) of the New York Convention.Through the analysis of the legislative background of due process clause, historical evolution and legal basis, the first part intended to start with the basic theory to answer the question that what due process was in The New York Convention.The second part focuses on the law which applies to Article V(1)(b). Basing on the two previous chapters and combining with a wide range of judicial practice, the last two parts of the essay deeply disscuse the applicable scopes and judicial standards of the defense of improper notice or otherwise unable to present the case.With the combination of theory and practice analysis, we can conclude that The New York Convention always upholds the concept of pro-enforcement bias, and the contents of due process are the fundamental requirements of justice. Courts are based on the country’s domestic law to determine the standard of due process, while the law applicable to domestic arbitration award is not the same as the law applicable to international commercial arbitration. As to the judicial review of due process, the thread is to analyze specific cases in specific ways, and facilitate internally consistent of these specific analysis by following the principles of good faith, efficiency and fairness.