Recognition And Enforcement Of Provisional Arbitration Award

On March 23,2017,HengQin New Area Management Committee and Arbitration Commission in ZhuHai posted <Temporary Arbitration Rules of free trade area in HengQin >,and began on April 15,which was marked the first provisional rules of arbitration in China.And the ground of temporary arbitration system in the free trade area also triggered a series of problems such as temporary arbitral award recognition and enforcement of thinking.Admitting temporary arbitration should be solved of the arbitration development in our country.This paper studies the recognition and implementation of provisional arbitration award.The full text is four chapters.The first chapter mainly through the introduction of the development of the temporary arbitration system,free trade area temporary arbitration system in our country fall to the ground and promotion as well as the establishment and development of the meaning of the temporary arbitration system,put forward the temporary problem of recognition and enforcement of the arbitral award is to develop the temporary arbitration to solve the problem.The second chapter mainly deals with the domestic execution of provisional arbitration award.Paper discusses domestic temporary arbitral award recognition and execution of the legal barriers exist,don't think because the "arbitration law" provisions of temporary arbitration system,lead to the domestic arbitration have no way to perform in China.On this basis,the paper points out that the domestic arbitration ruling way of recognition and enforcement of arbitration law "should be the corresponding modify,delete" selected by the arbitration commission "rigid requirements,make the temporary arbitration agreement in the mainland as much as possible and effectively implemented.The third chapter is the recognition and implementation of the international provisional arbitration award under the New York convention.On the one hand,it is the recognition and enforcement of foreign provisional arbitration award in China under the New York convention,on the other hand,it is the recognition and enforcement of temporary arbitration award in China.Thesis think temporary foreign arbitral awards in recognition and enforcement in our country no legal barriers,as a member of the New York convention in our country for temporary arbitration court in our country law does not recognise and will not be executed.On the contrary,if the parties concerned on the basis of the same temporary arbitration agreement in a foreign country to apply for recognition and enforcement of foreign court may be in the New York convention article 5 "the agreement as an agreement in accordance with the parties according to the law of genuine" of the act,the law in our country did not admit the grounds of temporary arbitration system refused to perform.Obviously,it is very unfavorable for our client.So need to modify the "arbitration law" in China,the temporary arbitration admitted in the legislation,make effective,temporary arbitral award for temporary arbitral awards in China for other parties to recognition and enforcement open channel.The fourth chapter discusses the recognition and enforcement of the interregional interim arbitration award in the mainland and Hong Kong,the mainland and Macao as well as the mainland and Taiwan.Thesis research thought for within Hong Kong and Macao in interregional recognition and enforcement of temporary arbitration,should be after the legislation to establish temporary arbitration system in mainland China,timely change through both negotiation within Hong Kong arbitration arrangements and Australia in the arbitration arrangements,the temporary arbitration award recognition and enforcement in mainland arrangement,the applicable scope of the temporary construction of mainland and Taiwan at the same time the arbitration system of recognition and enforcement,in order to temporary arbitration in mainland China in Hong Kong,Macao and Taiwan are able to get the recognition and enforcement,respectively,and comprehensively improve the temporary arbitration system in China.The content of the conclusion part summarizes the previous chapters,pointed out that in order to make the temporary arbitration at home and abroad,to be able to get the recognition and enforcement,our country should modify the "arbitration law" in time,the Hong Kong arbitration arrangements within and in Macao arbitration arrangements,build temporary arbitral awards between the mainland and Taiwan area recognition and enforcement of the system,the establishment of the arbitration system for temporary solution to recognition and enforcement of the trouble back at home.