Mutual Recognition And Eeforcement Of Arbitral Awards Between The Two Sides Of The Taiwan Straits

Taiwan area has already become mainland China’s seventh largest trading partner and sixth largest source of imports. Accompanied by stable political situation after Three Links policy, economic and trade exchanges become more and more frequently between the two sides of strait. At the same time, disputes between mainland China and Taiwan area are also growing rapidly. In dispute settlement of the two side of strait, the advantages of arbitration comes out for efficiency, secrecy and finality. However, arbitration does not play an ideal role of the practice of civil and commercial disputes between mainland China and Taiwan area. It is because the difficulties of recognition and enforcement of arbitral awards that most Taiwan merchants would not select arbitration as a means of resolving disputes. Disunity of recognition and enforcement of arbitral awards between mainland China and Taiwan area causes the arbitral awards cannot be recognized and executed after the procedures.To solve this problem, Supreme People’s Court of China promulgated Provisions of the Supreme People’s Court on the recognition and enforcement of the arbitration award in the Taiwan area in 2015(short for provisions in 2015) in order to further promote related affairs. Since then mainland China has the first legal document to regulate the arbitration award in Taiwan area which represents a historic landmark. Although the provisions in 2015 have many progress in adjusting the recognition and enforcement of arbitration award in Taiwan, there are still some problems to be improved. Taiwan also has legal documents to adjust the recognition and enforcement of arbitration award which are very backward. Moreover, Supreme court of Taiwan clearly denied the res judicata of arbitration award made by mainland China, which is not conducive to the recognition and enforcement of arbitral awards on both sides of the Taiwan Straits. Therefore, facing this new situation, it is necessary to organize and analysis the recognition and enforcement between the two sides of strait.This paper mainly uses comparative analysis method and combines with cases in practice to conduct research. This paper is divided four parts, the first part briefly introduces the legal basis, the judicial practice and the mutual assistance of the recognition and enforcement of arbitral awards on both sides of the Taiwan Straits. The second part is the main innovation of this paper, which focuses on the specific Provisions of the Supreme People’s Court on the recognition and enforcement of the arbitration award in the Taiwan area in 2015, compares to Arrangement for Reciprocal Enforcement of arbitral awards between the mainland and the Hong Kong Special Administrative Region signed in 1999, Arrangements for Reciprocal Enforcement of arbitral awards between the mainland and the Macao Special Administrative Region signed in 2003 and Arrangements for mutual recognition and enforcement of arbitral awards between the HongKong Special Administrative Region and the Macao Special Administrative Region signed in 2013. According to these analyses, this paper makes a deep analysis of provisions in 2015 and point out its advancements and defectiveness. The third part puts forward some suggestions on the problems of cross-strait arbitral awards in order to promoting the healthy development of economic and trade relations between the two sides of the Taiwan straits.