Comment On FSG Automotive Holding AG's Application For Recognition And Enforcement Arbitration Award Case

Since China access to the WTO,international economic exchanges have increased.As a substitute for dispute resolution,international commercial arbitration is widely used because of its autonomy,convenience,compatibility and economy.However,with the court's refusal to recognize and enforce the arbitral award,the word "super" has appeared frequently,and the problem has gradually attracted the attention of scholars.Excessive ruling is one of the reasons for not recognizing and enforcing arbitral awards,and most countries have a positive attitude towards their application.However,due to the abstraction and ambiguity of the super-cutting standards,the ultra-cutting has certain uncertainty in practical application.In practice,because of the lack of specific over-disciplinary standards,the arbitral tribunal and the court often cause some decisions made by the arbitral tribunal to be rejected and enforced by the court on the grounds of over-ruling because of inconsistent understanding of the over-ruling.This is not conducive to the purpose of arbitration achieve.At the same time,due to the continuous development of the economy and society,the relationship between rights and obligations between civil subjects has become increasingly complex,and more and more arbitral awards involve outsiders and infringe on the legitimate rights and interests of outsiders.The remedies for the rights of outsiders under the current legal framework in China are very limited,mainly relying on the application of non-executive arbitral awards.However,due to the limitations of the system itself,it is difficult to provide effective relief to outsiders in arbitration cases where the rights and interests are damaged.Therefore,it is of great practical significance to study how to effectively protect the legitimate rights and interests of outsiders in arbitration cases.This article is divided into five parts.The first part is the basic case.It introduces the case of FSG Company's application for recognition and enforcement of the arbitral award with the Pan-Asian Company.The views of the Wuhan Intermediate People's Court,the Hubei Higher People's Court and the Supreme People's Court on this case have led to the two major disputes in this case.The second part mainly discusses the issue of over-disciplinary issues in the first dispute of the case,including the concept of over-ruling,whether the ruling in this case is over-resolved,and the analysis of the disputed rulings The relevant theories of the ruling are analyzed to point out that there is a problem of defining standard ambiguity in the ruling;the third part mainly focuses on the other controversial focus of the case-the discussion of the outsider of the arbitration case,mainly including the definition of the outsider and the ruling of the fifth item Whether the person recognizes and enforces the problem,the case analysis leads to the importance of the protection of the rights of the outsiders and the limitations of the current law on the protection of the rights of the outsiders;the fourth part analyzes the two controversial points of the case in the previous article.Leading to thinking about the case,and blurring the standards of extradition and human rights outside the case Applicable raised the plight of the appropriate way to remedy recommendation that perfect ultra-cut definition of standards and ways to protect the rights of an outsider.