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Islamic State Review Of Public Order For Foreign Arbitral Awards

Posted on:2019-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:B Y WuFull Text:PDF
GTID:2356330548955499Subject:Law
Abstract/Summary:PDF Full Text Request
President Xi Jinping in 2013 put forward the " Belt and Road" of construction along the surrounding the positive response of more than 70 countries and regions,among these countries,there are a lot of islamic countries having joined the New York Convention.However,since the islamic state’s "religious" color has always hung over the settlement mechanism,the foreign arbitral award is often rejected as a violation of local public policy.The purpose of this article is based on the analysis of the islamic countries on the basis of a foreign arbitral awards public order review,review the content and features,thus for our country commercial disputes between islamic countries and put forward the proposal of dispute settlement mechanism,hope to be able to provide some own opinions to legal professionals and inspire them.The first chapter is the introduction part of this paper,which mainly introduces the background and significance of this research,and also discusses the novelty of this article.The second chapter mainly analyzes the necessity of the review of the public order by the islamic state.Need to include the background of the legal basis and practical demand,which analyzes the "New York convention on the review of public policy,and lists the representative domestic arbitration law and other relevant provisions of the islamic countries,at the same time,combining the background now for islamic countries on the basis of a foreign arbitral awards public order review do a detail.The third chapter to the islamic countries to the execution of foreign arbitral awards of "religious" characteristics were analyzed,and the religious is islamic country differs from the most significant features of Anglo-American law system or continental law system countries,that its review to form and content of censorship.Formally,such as the requirement of the gender of the arbitrator,the content mainly involves the language of the arbitration agreement,and whether the specific provisions violate the spiritual principles of islamic religious doctrine.At the same time,this chapter also analyzes the changes in the specific provisions of the islamic state in the past and present,and it is seen that the islamic state has made some changes to cater to the tide of economic integration.Fourth chapter through the summary of the above three chapters,for our country law and the enterprise and national tripartite suggestions.Specific include: the risk that the enterprise side avoids the arbitration agreement to violate the public policy ofthe Islamic countries;Improving the system of mutual legal assistance with Islamic countries at the national level;To train professionals familiar with the laws of Islamic countries to eliminate fear of trade,eliminate trading fear,so that the "in" the great project,longer,norm,make the cooperation more smoothly and dispute settlement are more adapt to economic globalization,the integration of the situation.
Keywords/Search Tags:Islamic State, Foreign Commercial Arbitration, Public Order Review
PDF Full Text Request
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