Comment On Wicor Holding AG's Application For Recognition And Enforcement Of Taizhou Hao Pu Investment Co.,Ltd. Arbitration Award Case

With the deepening of the reform and opening up,China's accession to the WTO has been accompanied by increasing economic exchanges in the world.It has also gradually attached importance to the exploration of solutions to international trade disputes.International commercial arbitration is widely used as an alternative solution to litigation because of its autonomy,convenience,compatibility and economy.From the perspective of protecting the interests of our country,public policy,as a "last line of defense" of great practical significance,is affirmed by various countries for their application.The application of public policy can limit the recognition and enforcement of foreign arbitral awards in their own country and safeguard their own interests.However,Due to the abstractness and fuzziness of public policy,there are some uncertainties in application.The application of public policy has become a difficult point in the judicial review of international commercial arbitration.As a transitional country undergoing profound changes,China is forced to redefine and study some basic principles and concepts.The connotation of public policy does not have a relatively uniform interpretation in our country's judicial practice.There is no clear guideline for the application of public policies by courts at all levels.China's arbitration awards may be recognized and enforced by foreign applications.Arbitral awards in other jurisdictions may also apply for recognition and enforcement in China.On the basis of safeguarding the interests of both our country and our own parties,the arbitration and judicial rules in our country should be rationalized.Try to keep pace with international trends.This will not only prevent other countries from using public policies to refuse to recognize and enforce our arbitral award,but also provide our country with a legal basis for refusing to recognize and enforce foreign arbitral awards and enhance the competitiveness of our country's arbitral judiciary in international dispute resolution.This article is divided into five parts.The first part is the brief introduction of the case,introducing the case and the focus of controversy on the application of Wicor Holding AG for the execution of Arbitral Award with Taizhou Hao Pu Investment Co.,Ltd.;The second partmainly introduces the problems of private international law in Taizhou Haopu case,including the connotation of public policy,the legal basis of public policy and the standard of public policy review in this case.The standard part of the public policy,through comparative analysis with other cases,further analyzes the case on the application of the standards of public policy disputes;The third part summarizes the shortcomings of the court case in the referee,thus leads to the consideration of the public policy review of China's international commercial arbitration ruling.Then combined with the previous application of public policy in the deficiencies,put forward corresponding recommendations;The fourth part is the summary of the full text.