Recognition And Enforcement Of The Revoked International Commercial Arbitral Awards

In the case of international commercial arbitral awards,arbitration court has the right to revoke an arbitral award in accordance with the provisions of the domestic arbitration law.However,the court of the requested recognition and enforcement of the arbitral award may also decide whether to recognize and enforce an arbitral award that has been revoked by the court of the country of arbitration in accordance with its domestic law or an international treaty to which it is a party.It is during the exercise of these two different judicial supervisory powers that a long-awaited issue in the field of international commercial arbitration has arisen:whether a revoked international commercial arbitral award can be recognized and enforced by other countries.The traditional view is that after an international commercial arbitral award is revoked by the court of the country where the arbitration is made,its validity ceases to exist,and it cannot be recognized and enforced in the country where the award was made and in other countries.However,with the development of global economy and trade and the emergence of emerging theories,some countries,such as France and the United States,have begun to challenge traditional views and practices,and have made rulings that are contrary to traditional theories in some arbitration cases,which has aroused widespread discussion and concern in the international community.The New York Convention is by far the most important international treaty related to the recognition and enforcement of the commercial arbitration.It harmonizes the standards for the enforcement of arbitral awards in various countries,but it does not explicitly stipulate the recognition and enforcement of arbitral awards that have been revoked.There are still some ambiguities that have led to differences in the judicial practice of the State party with respect to rescinded decisions.Therefore,we should interpret it in detail to find the treaty basis for the recognition and enforcement of the rescinded arbitral award.Since China 's accession to the New York Convention,it has been shown that if the international commercial arbitration award is revoked by the country where the arbitration is located,the people 's court shall rule to reject the executor 's application and shall not recognize and enforce it.Combining the legislative purpose of the New York Convention and the current status and trends of international arbitration,China needs to adopt a clear andpositive attitude towards this issue in the future: the reasons for the cancellation of international arbitration can be divided into "international standards" and "domestic standards".Only if an arbitration award is revoked in accordance with the standards stipulated in Article 34 of the United Nations Commission on International Trade Law International Commercial Arbitration Model Law,China should refuse to recognize and enforce it.