The Research On The Mutual Recognition Of The Arbitration Awards Across The Straits

With the deepening of cross-strait economic and trade relations,especially in 2010,cross-strait formal signing of economic cooperation framework agreement,involving cross-strait civil and commercial disputes continue to occur.But as an effective means of dispute resolution,arbitration has not become the main means to resolve disputes between the two sides of the dispute,the reason,in addition to cross-strait differences in arbitration caused by cognitive barriers,the parties lack of understanding and trust in the arbitration system,and more importantly,there are many shortcomings and shortcomings in the legislation and judicial practice between mutual recognition of mutual recognition between the two sides.On June 2,2015,the Supreme People's Court promulgated the Provisions on the Recognition and Enforcement of the Arbitration Awards of the Taiwan Courts of the Taiwan Region(the "15 Arbitration Provisions"),which is not only evident in the number of articles and the level of detail,And as the first special provision for cross-strait arbitration award,15 "Arbitration Provisions" promulgated to fill the legislature of China's legislative system has long neglected the independence of Taiwan-related arbitration.At the same time,the Taiwan legislature has also begun a new round of changes to the Cross-Strait People Relations Ordinance(the"cross-strait regulations").In this new form,it is very important to deal with the recognition mechanism of arbitration between banks.In this paper,through the existing cross-strait arbitration award mutual recognition of the provisions of the comparative analysis,combined with the relevant jurisprudence,found cross-strait related deficiencies,and make recommendations.This paper is divided into four parts:The first part,uses the historical analysis method to describe the cross-strait arbitration award from mutual recognition to comprehensive and in-depth historical development,and looks forward to the future of cross-strait arbitration cooperation mechanism.The second part,focuses on the legal basis of mutual recognition of cross-strait arbitration award,based on the combination of literature analysis and case analysis,based on the new contents of "15 arbitration regulations" and the relevant provisions of the "cross-strait regulations" Case,to find out the cross-strait arbitration award mutual recognition in the legislation,the operating system on the flaws.The third part,introduces the mutual recognition of other inter-regional arbitral awards,and combines the realistic situation between the two sides to providea reasonable experience forcross-strait arbitration award mutual recognition mechanism.The fourth part,improve the basis of comparative analysis,combined with the shortcomings of arbitration provisions,put forward on both sides of the mutual recognition of the arbitration awards system proposals,including the basic principles,the legal system of the two sides should uphold the specific improvement suggestions.