On The "non-localization" Trend Of International Commercial Arbitration

Between 50 s and 60 s of twentieth century,a brand new arbitral theory,‘delocalization',was proposed as the product of increasing globalization,that constitutes the basis of the pursing originality and delocalization.Contrary to the conventional global commercial arbitral rules,theory of ‘delocalization' enhances the power of autonomy from parties and arbitration courts involved regardless of the lex arbitri meanwhile reducing amount of judicial supervision on global commercial arbitration from courts,giving the right on deciding whether to implement the revoked arbitration according to the law of one's own country.Nowadays tendency of delocalization is becoming clear,though currently underdeveloped,is convinced to have bright future rather than extinction.The first part of this thesis illustrates the formation and reason behind of ‘delocalization' of international commercial arbitration.By introducing three model cases,the background information of emergence of ‘delocalization' with key factors and performance of its practical application are discussed for the initiation of further investigationThe second part explains the difficulties and corresponding solutions to ‘delocalization' theory.Scholars have not yet reached consensus on widely accepting this theory with diverse opinion.Practical obstacles impede the implementation of ‘delocalization': restriction of national judiciary,limitation of the theory of autonomy of will,dependence of international commercial arbitration on court in lex arbitri during arbitration process,together with deficiency in rule of delocalization,adversely affect the progress of ‘delocalization'.However,facing obstacle implies room for future improvement because the theory has its own rationality,desirable and consistent with globalization and also supported by current demand.Therefore ‘delocalization' is promising.The third part exemplifies the practical usage of ‘delocalization' theory aside from theoretical research since the day of it being proposed.It has been widely accepted by legislation and applied in practice from various nation and supported by many international treaties,UNCITRAL Model Law on International CommercialArbitration and UNCITRAL Arbitration Rules.Though the extend of worldwide ‘delocalization' are not synchronized,the overall tendency are substantial.The fourth part proposes several recommendations by the author regarding the modification of Chinese arbitral system under influence of ‘delocalization'.Through investigation of country's existing arbitration system with respect to feasibility,judicial supervision(focus on right of revocation)and whether a revoked international commercial arbitration can be accepted and implemented,deficiency of the arbitration law and system is discussed and could be improved by refreshing the concept of old arbitration while taking the unique national situation into account.