A Study On International Recognition Standard Of Commercial Arbitration

Comparing with other modern methods for solving commercial disputes,commercial arbitration can not only fully resolve disputes,but more importantly,it gives both parties maximum freedom of choice and full confidentiality.Under normal circumstances,if there is an objection to the determination of whether a commercial arbitration has a foreign-related factor,there may be a series of problems in subsequent applications for recognition and enforcement of arbitral awards in China.This article analyzes the case involving Siemens and Shanghai Gold Land.According to the new benchmark for identifying "foreign-related factors" established by the Shanghai First Intermediate People's Court in the Siemens Company case,it emphasizes that the control over domestic enterprises and the free trade experimental zone itself are in the recognition of foreign-related civil relations.According to the new major development,it is believed that the scope of foreign-related civil relations should be expanded in accordance with the new standard of “contact foreign affairs”.Based on the case judgment,this article focuses on the analysis of the internationally recognized standards for commercial arbitration,with a view to providing a reference for a reasonable case of similar cases in practice.The full text is divided into the following four parts: The first part,the question is proposed.This section first introduced the case of Siemens and Shanghai Gold Land,which was listed as one of the ten most influential arbitration cases in China Arbitration in 2015,and combed out the court's analysis of the controversial focus of the case and the gist of the referee,which led to this article.The main legal issues to be discussed are the internationally recognized standards for commercial arbitration.The second part defines the related concepts involved in this case and distinguishes specific concepts in similar content.The third part analyzes the internationally defined criteria for commercial arbitration.On the one hand,from the perspective of domestic law,it analyzes and discusses whether the definition of commercial arbitration has an "international" standard of judgement and puts forward an improvement to the internationally recognized standards of commercial arbitration in China.With the idea of improvement,the “relationship foreign-related” standard that breaks through the traditional “three elements” in trial practice is proposed to prevent Chinese courts from categorizing cases that do not have foreign-related factors on the surface,but that actually involve foreign-related relations.Does not belong to the scope of foreign-related cases,and then affect the follow-up of the referee and implementation.On the other hand,from the perspective of international law,the International Judgment Standard for Commercial Arbitration in International Practice is analyzed.The fourth part,based on the previous analysis and conclusion,led to the international revelation of this case to China's judicial adjudication and adjudication of commercial arbitration,and analyzed the improvement of the internationally recognized standards of commercial arbitration,reflecting the tendency to expand the interpretation of foreign-related factors.