Research On Aspects Of China’s Recognition And Enforcement Of Foreign Arbitral Award

The arbitration is constantly developing and showing an upward trend, so that thearbitration has become a main way to solve disputes except litigation to some extent.The system of recognition and enforcement of foreign arbitral award makes awards canbe recognized and enforced. There are three situations that our country will recognizeand enforce an award. First, according to <Recognition and enforcement of foreignarbitral awards convention>(Hereinafter referred to as <New York convention>). Second,refer to bilateral agreement which contain clause that recognize and enforce awardsbetween each other. Third, according the principle of reciprocity that admit by eachother. The main basis of the recognition and enforcement of foreign arbitral awardof China is <New York Convention>. Moreover, China had join <Convention on theSettlement of Investment Disputes Between States and Nationals of Other States>(Hereinafter referred to as <Washington Convention>). The convention was establishedto settle disputes revolving investment between personal and states. In addition tothese two major conventions, China has also signed some bilateral agreements with othercountries, these bilateral contain the same provision as <New York Convention> onrecognition and enforcement of foreign arbitral awards. For example, China signed thefirst judicial agreement with the Republic of France. The principal of reciprocityamong China’s <Civil Procedure Law> is refer to the reciprocal relationships basedon facts. When reviewing whether China has the reciprocal relationships with the country which applicant belong to, China will reviewing whether there’s a precedentof such situation. If there is such a precedent, it is considered that exists reciprocalrelationship, otherwise there is no reciprocal relationship between the two countries.This article is intended to conduct research on relevant legal issues in theframework of <New York Convention>. The first chapter over-viewed the system ofrecognition and enforcement of foreign arbitral award of China, this chapter firstdescribes the competent court of recognition and enforcement of foreign arbitral awardof China, and then analysis the relief system of it. The issue studied in the secondchapter is essentially the problem of identifying the nation of foreign arbitral award.The way to study this problem is to have an in-depth analysis of a case as an example,to fully show the recognition and enforcement of the ICC. Since the Ningbo IntermediatePeople’s Court recognized the award of the ICC arbitration(Ningbo Artwork CompanyCase) which made in China for the first time. This case became the focus of discussionin recent years, so this chapter will take this case as an example： firstly, discusswhether the award of the ICC is a “non-domestic award”， i.e. how to identify thenationality of the award of the ICC that made in China，secondly, discuss whether itis right to recognize and enforce such award. The third chapter do the research onthe effectiveness problem of the arbitration agreement from the regulation of <NewYork Convention>, and to discuss from the aspects of the formal requirement of thearbitration agreement, the applicable law of the effectiveness of arbitrationagreement, identify the effectiveness of arbitration agreement by law of our country.The fourth chapter will summarize all the problems discussed in this paper to havea conclusion.