The Application Of Due Process Clause In Article Five Of The New York Convention

With the frequent international commercial connection,the international commercial arbitration recognition and enforcement of the case is increasing.At the same time,China's inland provinces to accept this type of court cases are from scratch,from less to more.Court in the review of foreign arbitration awards,according to 1958,the recognition and enforcement of Foreign Arbitral Awards Convention(herein after referred to as the New York Convention)Article 5 to determine the foreign arbitral award whether should recognize and enforce the violation of the first paragraph of Article 5(b)is the most cited a reason.The whole paper consists of four parts.The first part introduces an application during the internship period exposed to the recognition and enforcement of foreign arbitral awards the case,the case is difficult to judge whether the violation of foreign arbitral award "New York Convention" in the first paragraph of article fifth(b)Xiang Zhengdang process clause;the second part is the theoretical analysis and comparison of similar concepts of the clause in order to define,the terms in theory;the third part of the combination of national judicial practice,expatiates on the terms of the examination standard and the specific content;the fourth part is based on the first three parts analyzed,summed up in court to review the case steps,and the first part mentioned the case is analyzed.This paper through the concept comparison method,case analysis and other research methods,is the New York Convention of Article 5 of the first paragraph(b)of the due process clause of the judicial application raises questions and gives the court review.With a view to the relevant court in the case of similar cases to be used for reference and help.