A Study On The Legal Issue Of Submitting The "Non-typical Foreign-related Factors" Disputes To The Extraterritorial Arbitration

Based on the legal issue of submitting the "non-typical foreign-related factors" disputes to the extraterritorial arbitration,this paper combs through the development process of the dispute recognition of "no foreign-related factors" and "non-typical foreign-related factors" in the field of international civil and commercial arbitration and maritime commercial arbitration in China through the elaboration of typical cases.As for the conflicts in the identification of submitting the "non-typical foreign-related factors" disputes by Chinese parties to the extraterritorial arbitration in current judicial practice in China,this paper will analyze the conflicts based on the domestic laws and regulations,international treaties,and jurisprudence,so as to put forward some thoughts and suggestions on Chinese current arbitration system.The author thinks that China should learn from Singapore's "dual-track" system in the arbitration legislation,and it should be allowed to submit the "non-typical foreign-related factors" disputes to the extraterritorial arbitration,so as to continuously improve the level of internationalization and recognition degree of China's arbitration markets.The first chapter outlines the main legal issues in submitting the "non-typical foreign-related factors" disputes to the extraterritorial arbitration,introducing in details the related concepts of "non-typical foreign-related factors" and "no foreign-related factors",explaining the origin of the concept of "non-typical foreign-related factors",analyzing the differences between the concepts of "non-typical foreign-related factors" and "no foreign-related factors",and introduces the current criteria for determining "no foreign-related factors" or "non-typical foreign-related factors" in judicial practice through the typical cases.After the introduction of the relevant concepts,the following specific introduction is made to the issue of submitting the "non-typical foreign-related factors" disputes to the extraterritorial arbitration.The second chapter mainly analyzes the causes of the legal issues raised in Chapter One,and discusses the specific reasons and impacts of submitting the "non-typical foreign-related factors" disputes by domestic parties to the extraterritorial arbitration.Regarding the specific reasons for submitting the "non-typical foreign-related factors" disputes by domestic parties to the extraterritorial arbitration,it includes that have relaxed The examination standard for foreign arbitration awards from Chinese judicial organs is relatively loose,and there is the relief mechanism of "Internal Reporting System".At the same time,the service quality from the arbitration institutions in foreign countries is even more advantageous.From the perspectives of the advantages,disadvantages,and risk analysis of submitting the "non-typical foreign-related factors" disputes by domestic parties to the extraterritorial arbitration,the effects of submitting the "non-typical foreign-related factors" disputes by domestic parties to the extraterritorial arbitration are explained.The third chapter mainly expounds the development and legislation status of the recognition on "non-typical foreign-related factors" in Chinese judicial practice.It first introduces the basic facts and treatment of the arbitration case about the Advanced Bionics company in 2018 to explain the inconsistencies in the standard of recognition of "non-typical foreign-related factors" in Chinese current judicial practice.The latest judgment result differs from previous positions.Secondly,it introduces in detail the current status of domestic legislation on the recognition of "non-typical foreign-related factors",and also refers to the relevant legislation and judicial practice on the recognition of "non-typical foreign-related factors" in India and Singapore,taking India as an example to illustrate that some countries have increasingly improved the openess on the recognition of "no foreign-related factors" or "non-typical foreign-related factors" in the arbitration of international civil and commercial field,and the judicial stance in judicial practice has also changed.And it is suggested that the design of the arbitration legislation of "Two-track System" in Singapore is of reference significance.The fourth chapter is mainly about the thoughts and suggestions of submitting the "non-typical foreign-related factors" disputes by the domestic parties to the extraterritorial arbitration.As of the differences in the standard of "non-typical foreign-related factors" in Chinese judicial practice,it makes comments and recommendations from the perspectives of the legal basis of "Freedom without Prohibition from the Law," the criteria for determining the nationality of arbitration award,and the guiding principle of "Party Autonomy" in the international commercial arbitration.The author believes that in the situation of the current global economic environment,under the trend of the steady progress of construction of the free trade zone and the "One Belt,One Road" initiative,China shall allow the domestic parties to submitting the "non-typical foreign-related factors" or even "no foreign-related factors" disputes to the extraterritorial arbitration " in the free trade zone,which shall be extended to other areas in China.What is more important,we can learn from the design of the arbitration legislation of "Two-track System" in Singapore to improve the openness and international level of our arbitration market in order to advance our arbitration system.