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The Recognition Of Foreign Electronic Arbitration Clause Adjudication In The New York Convention

Posted on:2019-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:C LiFull Text:PDF
GTID:2346330569489444Subject:legal
Abstract/Summary:PDF Full Text Request
Through analyzing the dispute case between Zhenrong Company and Jiashi Company,the basic situation of recognition of foreign arbitral awards by Chinese courts can be summarized in this article.At the same time,it researches the application of the "New York Convention" in our country.The article discusses and summarizes our strengths and weaknesses by case studies.The article is divided into three parts.The first part is mainly about the introduction of the relevant cases?the dispute focus and the court's trial.The second part is the analysis of the dispute focus.The second part analyzes the effectiveness of electronic arbitration clauses,whether they receive proper program notifications,whether the composition of the arbitration tribunal satisfies the arbitration rules,whether the arbitration award violates our public policy.The third part is summary that based on the analysis of controversies,then I put forward some suggestions for the situations.The paper mainly uses the methods of comparative research,empirical research and literature research.The purpose is confirming the effectiveness of how courts in China implement foreign arbitration awards under the New York Convention at the present through the analysis of specific cases.The significance of this article is summing up how the courts in China solve problems under the guidance of the New York Convention when the New York Convention is too vague.Through the analysis of the cases,this article not only presents comprehensively application of the "New York Convention" in the courts of our country,but also analyzes and summarizes understanding?specific application scale and attitude of the fifth article of the "New York Convention" by the Chinese courts.
Keywords/Search Tags:The New York convention, The arbitration award, adjudication
PDF Full Text Request
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