The Nationality Of The International Commercial Arbitration Award

The original concept of nationality is the international public law, most scholars believe that the natural person,legal person and so on have the nationality. In fact, given the arbitration award by nationality is also important, this is because a state court of arbitration award and its recognition and enforcement of foreign arbitration awards have different rights.The court may exercise the right of revocation of the domestic arbitration award, and the foreign arbitration award shall not enjoy the right of revocation, only can carry on the recognition and enforcement of. In the review process,the domestic arbitration award of course has effect, but to foreign arbitration awards to admit, after admitted after the arbitration award can enter the implementation procedure.As for whether the international commercial arbitration award shall have the nationality, has been controversial in theory.The traditional view is that the arbitration award shall have the nationality, the proponents of this view believe that the arbitration award must be subject to judicial supervision of a country’s court, may not be completely out of the law of all countries and exist alone.Moreover, an arbitration award to get the recognition and enforcement of court, support and supervision must be gotten by the arbitration court of arbitration procedures.And hold the opposite opinion theory is called the arbitration award "Delocalized Arbitration" theory. Proponents of this theory believe that there is no relationship between arbitration and any national court, the source of their effectiveness is the autonomy of the parties.The arbitration award can be divorced from the law of any country and exist alone.And the arbitration award "delocalization" compared to the traditional theory point of view has been most scholars support, the mainstream view is also the international society.Due to differences in national conditions and culture, different countries use different standards in the definition of the arbitration ruling nationality, most countries there are mainly three kinds of standard standard:the first one is arbitration award is made to the standard.According to this standard, made in the territory of the arbitration award for the domestic arbitration award, the arbitration award made in overseas for foreign arbitration wards.The secondly is the standard procedure of arbitration law.According to this standard, an award for its own law of arbitration award, the arbitration in a foreign country is even domestic arbitration award.The third is the delocalized arbitration standard.Delocalized arbitration standard is mainly targeted at the court of arbitration made according to its domestic law that made in the territory of the arbitration award is not its own arbitration case.At this time, according to national standard of non, the arbitration award for non domestic arbitration award.These kinds of standards, the greatest impact is the arbitration made standard."New York Convention" as the world’s greatest influence on relevant international arbitration awards of recognition and enforcement of international treaties, used in the definition of the arbitration ruling nationality is an arbitration award is made in the standard and non standard.The reason why the absorption of non domestic standards, mainly to solve the problem how to use non arbitration made to define the nationality of arbitration standard state to apply the "New York Convention".At the same time, "New York Convention" in order to protect the parties interests are not infringed, stipulate parties can propose to retain the arbitration award.Bring some understanding on the controversy and reciprocity reservation in the Convention is to how to define the nationality of arbitration award.Especially when the parties put forward "" New York Convention "applies only to the state in the territory of the arbitration award made" retention, the States parties would be in standard non.In the above mentioned "the arbitration ruling denationalization" and "denationalized arbitration award" two concepts.The two concepts are and the nationality of international commercial arbitration award are closely related and easily confused contents.Therefore, how to distinguish the two concepts are very important.The essential distinction between them is: "New York Convention" denationalized arbitration under the international commercial arbitration has admitted the nationality, so sovereign state can exercise the right of revocation of arbitration awards, including the right of judicial supervision in accordance with the law.However the theory of denationalized arbitration of international commercial arbitration has denied citizenship, and denies the sovereign state according to the relevant laws of arbitration awards including the revocation of the right to exercise the right, judicial supervision.Standard on the definition of nationality of arbitration awards in China and the "New York Convention" have different standards, which standard arbitration mechanism adopts a place.This approach makes in the judicial practice, the court often encounter difficulties in defining the nature of arbitration award, the most prominent problem is how to define made by foreign arbitration organization for arbitration awards in China the nationality of awards.Especially the ICC court of arbitration in the arbitration award Chinese made, should be how to define the nationality.Made from 2013 March the Supreme People’s Court on the applicant’s "Anhui province Longdeli packaging printing limited company and the applicant BP Agnati S.R.L. application confirm the validity of the arbitration agreement case reply" can be seen the China arbitration market have gradually open trend.Therefore, to perfect our country’s arbitration nationality of the formulation of standards is essential.In order to fundamentally solve the above problem, the most effective way is to modify the arbitration legislation system in China, the arbitration as the borders fixed nationality of arbitration standards, consistent definition of our nationality of arbitration standards and "New York Convention".In this way,not only can make further opening of Chinese arbitration market, but also can establish a good image of our country in the international arbitration.