Research On Related Questions About Foreign Arbitration Institution Arbitrating In China

Arbitration is an important method to solve the commercial disputes like litigation. With the development of economic globalization and international trade in services,arbitration is also showing the trend of transnational service.The parties can come from different countries, and the seat of arbitration can also be anywhere besides the location of the arbitration organization. Currently, foreign arbitration institution arbitrating in China is the new problem what we are facing,especially there is no clear provisions on the legality, and there are still lots of disputes and controversy in the academic community. There was a point of view that the arbitration institutions under the Article 16 of China Arbitration Law must be Chinese arbitration institution, not the foreign arbitration institution. Since the happening of Xu pulin case, it has been the focus of debates by experts as to whether the foreign arbitration institution can arbitrate in China before 2012. But, recently the supreme court’s attitude about this question seems kind of changing. We can see that the attitude our judicial practice in China is changing more and more friendly from the first recognition and enforcement of arbitral award of ICC court in 2009 to the recognition of the validity of the arbitral agreement in An hui Long Lide case in 2013.The supreme people’s court in our country directly recognize the availability of arbitral agreement which appoint the foreign arbitration institution arbitrating in China. After this case, I believe that the foreign arbitration institution will can arbitrate in China legally soon, but the hysteresis and lack of legislation will lead that more and more questions will happen, and it’s better to solve them immediately. How to decide the nationality of the arbitral award, do we need to follow the step of international standard that the seat of arbitration is the only standard to decide the nationality of arbitral award, what can Chinese arbitration institutions do when facing the intensified competition of trade services, the above questions and other related issues is the main topic my article will discuss, and I hope after the discussion we can find the weakness and the development in our practice, inspire the useful methods to improve the reality as well. The article has four chapters. The first chapter gives the introduction about the An hui long li de case, summarize the focus of dispute. The second chapter concludes the different thoughts and the change of attitude in this question from the judicial practice and the academic point.. The third chapter focus on the assumptive questions we may have when the foreign arbitration institutions can arbitrate in China mainland. The last chapter will expect the meaningful ways to get rid of weaknesses, and summarize the whole article.