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

With development of integration of world economy, the resulting commercial disputes are also on the increase. International commercial arbitration is one of the most important settlements of disputes in the modern international commercial field and enjoys popularity for its rapidity, confidentiality and autonomy. Whether the court of one country recognizes and enforces the arbitral decision that has already been revoked by the court of the other country still exists difference in countries. Through exploring treaty basis, case analysis, theoretical research of recognition and enforcement of the revoked international commercial arbitral decision and feasibility of recognition and enforcement of the revoked international commercial arbitration, this paper draws a conclusion that revocation of arbitral decision does not necessarily result in final ruling seat losing its effect of being recognized and enforced. At last, in combination of relevant legislation with enforceability of the revoked arbitral decision in China, it provides suggestions on connecting domestic standard of China’s arbitration with international arbitration. The whole article is divided into three main parts as introduction, body and conclusion, and the body is divided into four chapters:The first chapter is the fundamental theory of international law of recognition and enforcement of the revoked international commercial arbitration. The chapter is divided into two parts. The first part first makes analysis of the regulation and wording of Article5and Article7in New York Convention. It can be found through a combination of legislative history of the convention that New York Convention offers possibility in acknowledgment and execution of the revoked international commercial arbitral decision but also remains problem of ambiguous regulation. Regulations in Model Law on International Commercial Arbitration, European Convention and Washington Convention in the second part just exactly make up the shortfall of New York Convention, and provide more specific treaty foundation for recognition and enforcement of the revoked international commercial arbitration. The second chapter is the practice of recognition and enforcement of the revoked international commercial arbitral decision. This chapter discusses different standpoints of Germany, France and the United States on this issue and analyzes representative cases of these three countries through a combination of international treaty above and regulations of domestic law of different countries.The third chapter is the theoretical analysis of recognition and enforcement of the revoked international commercial arbitration. The chapter is divided into three parts. The first part analyzes origin of the effect of arbitral decision by starting from property and characteristic of arbitration. Consensus of the party concerned is the origin of direct effect, and laws in country of the seat of arbitration or country whose arbitration is being recognized and enforced are the origin of indirect effect of arbitral decision. The second part makes an analysis of extraterritorial effect of the revoked arbitral decision on the basis of origin of effect of arbitral decision. Since consensus of the party concerned (arbitration agreement) is the origin of direct effect, the revoked arbitral decision does not necessarily lose its extraterritorial effect. The third part analyzes the theories of "delocalization" discussed dramatically in recent years.The fourth chapter is the problem of the revoked international commercial arbitral decision being recognized and enforced in our country. Due to China does not have practice of recognition and enforcement of the revoked arbitral decision, it only conducts analysis at the legislative and theoretical level. The chapter is divided into two parts. The first part is the dispute of arbitration world over enforceability of the revoked arbitral decision. The second part analyzes the enforceability of the revoked foreign arbitral decision in our country through a combination of China’s arbitration legislation.