A Study On The Arbitration Rules Of The Seat In International Commercial Arbitration

The seat of arbitration as the core concept of international commercial arbitration agreement,regardless of where the parties choose the arbitration rules,must be the place of arbitration as an international commercial arbitration legal relationship between the point of connection,its significance lies in determining the rules of different countries or regions in the arbitration proceedings in the scope of application.The first part of this article elaborates the concept,meaning and definite standard of the place of arbitration,and establishes the connection between the place of arbitration and the rules of the place of arbitration,that is,the rules of the place of arbitration specify the place of arbitration;the rules of arbitration dependent on Party autonomy.The second part focuses on the three stages of the development of the rules of arbitration: the first stage is the arbitration and arbitration land law.The second stage is the arbitration phase and the arbitration land law divergence stage,reflects the court after World War II support system for the arbitration system and respect for the parties to the contract.The third stage is the separation between arbitration and arbitration.The arbitral proceedings are no longer limited by the domestic law of a State and the international commercial arbitral award is considered to be part of the international legal order.From the "New York Convention" Article V and Article VII relationship,This paper analyzes the current situation and development of The Theory and discusses the different rules of the Recognition and Enforcement of the international commercial arbitration award in the legal sense.In this paper,the innovation point of this paper is to discuss the international recognition and enforcement of the revoked international commercial arbitral award from the arbitration ground of international commercial arbitration.Through the case study of France,the United States,Italy,Egypt found that different countries have adopted different measures,there are different legislation,because it is to take the rules of the arbitration Theory,the majority of countries to take the traditional theory of arbitration,that the international commercial arbitration procedure by the jurisdiction of the law to control,the decision is the arbitration of the domestic legal order of the composition of the international commercial arbitration award with the nationality of the law If the arbitration award is international commercial arbitration court or competent authority Revoked,the revocation of international commercial arbitration award can not be performed in other countries on this issue,in essence,that the revocation of the inner country of international business arbitration award specific international effects,breaking the territorial limits of justice.The third part discusses the different practice of the theory of arbitration and the theory of "Delocalization " in international commercial arbitration,focusing on the "Delocalization " of the practice of arbitration from the practice of international commercial arbitration rules: the different results of recognition and enforcement of arbitral award The theoretical point of view that international commercial arbitration has been divorced from the limits of national laws of a particular State and does not have the nationality of any State so that the court of the arbitral tribunal or the authority revokes the validity of an international commercial arbitral award against a State which has applied for and recognized an international commercial arbitral award States that are not legally obliged to be recognized and enforced may recognize international commercial arbitral awards that have been revoked by the courts or competent authorities of the place of arbitration in accordance with domestic laws and public policies."Delocalization " theory also put forward the general principles of law,the new business customary law,the application of equity arbitration in international commercial arbitration,which helps to solve the existing international commercial arbitration system problems,will also contribute to international commercial arbitration As the impact of dispute resolution to further deepen.Article V of the New York Convention provides for the refusal to recognize and enforce arbitral awards in respect of the question of whether an arbitral award withdrawn by a State which has been adjudicated has been recognized in another State.However,in the case of international commercial arbitration,There is no provision for the review of the arbitral award and the reasons for the application for revocation.Therefore,countries have established their own interests in the international commercial arbitration award review and revocation system.So that the parties and their agents can achieve the predictability of the validity of the international commercial arbitral award by choosing the place of arbitration.The recognition and enforcement of an arbitral award in respect of an arbitral award shall follow the following steps: first,the court of enforcement shall respect the decision of the court of arbitration to be invalid or the award of the arbitral award shall be revoked unless the arbitral award is made.Secondly,the Court of Arbitration should review invalid arbitration agreements or revocable arbitral awards in accordance with its domestic law.First determine the place of arbitration according to the agreement of the parties,and then determine the scope of the rules of arbitration in the international commercial arbitration procedures applicable to the scope and clear the scope of the parties to autonomy,strengthen the predictability and enforceability of the arbitration results.The last part is based on the system and practice of international commercial arbitration in China,puts forward the defects of the system and the existing problems in practice,and puts forward that China should take a reasonable system based on the theory of Arbitration to revoke the arbitral award should first respect the parties to the arbitral award of the ultimate meaning of autonomy,if the parties have no such agreement,and does not violate the rules of the place of arbitration and the admittance of the provisions of the law can be recognized and implemented has been revoked international commercial Arbitration award.