An Empirical Analysis On The Recognition And Enforcement Of Annulled International Commercial Arbitration Awards

The fate of annulled international commercial arbitration awards has been the subject of case law in different countries and has sparked considerable academic debate.The traditional position is that an award that has been rescinded in arbitration is no longer legally binding and therefore cannot be enforced in other countries.But over time,some courts and commentators have begun to consider a scenario in which a ruling being quashed in arbitration does not necessarily rule out enforcement by other countries.The first part of this article,based on the enforceable disputes of the annulled international commercial arbitral awards,examines the relevant provisions of the New York Convention concerning the recognition and enforcement of annulled awards,Both Article 5(1)(e)and Article 7(1)may be the grounds for the court to recognize and enforce the annulled awards,which correspond to two methods of analysis of the Court,namely the local enforcement standard and the New York Convention enforcement standard.The second part is the focus of this paper.By analyzing the seven classic cases of the US courts,it analyzes the path change of the recognition and enforcement annulled awards of the US courts.On the whole,it can be seen that the US court has changed its position on the issue,which is to gradually weaken the use of local enforcement standard,while continuously consolidating the application of the New York Convention enforcement standard.The third part explores the theoretical basis behind the use of these two standards by US courts,namely the theory of international commercial award de-domestication and the theory of primary and secondary jurisdiction.At the same time,this part further explores the problems existing in the court's application of these two methods.The last part explores the way in which China faces this problem.The author suggests that we should amend our application of the provisions of Article 5 of the New York Convention,replace the wording with the word "may",and retain the discretion of our courts to deal with this issue.As far as the applicable methods of enforcement are concerned,the New York Convention enforcement standard are currently more appropriate for our country.By establishing a general principle of refusal to recognize and enforce an annulled award,with the exception of the four“special circumstances" of acknowledging and enforcing an annulled award,supplemented by the latest stipulated reporting system,our courts will be able to correctly respond to the recognition and enforcement of the annulled international commercial arbitration award.The last part of the conclusion is to summarize the full text,emphasizing the reference function of the practice of American courts to the practice of our country,and our country should form the treatment method suitable for our own practice in the course of gradual exploration.