A Study On Recognition And Enforcement Of Annulled Arbitral Awards Under The New York Convention

With the diversified development of the global economic and increasingly close international contacts,international commercial arbitration which known as a flexible,efficient,and convenient way of dispute resolution,has become more and more popular.The New York Convention has greatly promote the recognition and enforcement of international commercial arbitral awards in the worldwide,but this Convention has not specified on the annulment of arbitral awards,which led to the different practices of States.Nowadays,many countries,such as France,the United States,Belgium,Austria and Luxembourg have appeared some relevant typical cases on recognition and enforcement of annulled arbitral awards,which has caused widespread concern and discussion in the international community.This paper focuses on the recognition and enforcement of annulled foreign arbitral awards in the framework of New York Convention and talks about the annulment and enforcement of arbitral awards,the validity sources of arbitral awards and the provisions of the New York Convention,aiming to summarize the national judgment criterion for recognition and enforcement of annulled foreign arbitral awards and give some suggestions on the perfection of arbitration system in China.This paper has four different chapters.The first chapter is an overview of foreign arbitral awards of annulment and refusal to enforce.It describes the differences and similarities between the annulment of awards and refusal enforcement system and discusses the Article V 1(e)of New Convention.Because of the lack of unified regulations on the annulment of arbitral awards and the ambiguity of Article V 1(e)of the New Convention,which led to the different understandings and practices between state parties and eventually caused the uncertainty of enforceability of annulled foreign arbitral awards.The second chapter is an analysis on the enforceability of legal basis of annulled foreign arbitral awards.It focuses on the traditional theories of international commercial arbitration and the non-State theory for the source of validity of arbitration decisions,through the analysis of the drafting history of the New York Convention and the meaning of specific articles,clarifying Article V 1(e)is a permissive clause and Article VII(1)also makes the applicant may exclude the application of Article V 1(e)and in accordance with domestic law or bilateral treaties to recognize and enforce the annulled foreign arbitral awards.The third chapter is a summary on the judicial practices and executive standards of states parties of the New York Convention.It talks about the typical cases of Germany,France and the United States,concluded that annulled foreign arbitral awards can’t get recognition and enforcement in Germany while it can get recognition and enforcement in France.In the United States,the court will review the standard of annulment and only on the basis of international withdrawal standards can the annulled foreign arbitral awards get recognition and enforcement.The fourth chapter provides some suggestions to perfect the system of Chinese international commercial arbitration.It introduces the academic and legislative approach to this issue in China and give two suggestions.On the one hand,the current judicial interpretation which holds that Article V(1)(e)is a mandatory clause needs to change to permissive clause and gives our courts a certain degree of discretion.On the other hand,we should explain the meaning of Article VII of New York Convention and provide guidance for the future judicial practice.