Research On The Judicial Support Of Foreign Arbitration Institutions In Arbitration In China

Arbitration as an efficient,flexible and confidential means of dealing with trade disputes,widely favored by the international economic and trade Participants.Arbitration based on meaning autonomy principle,The location of the arbitration may be carried out anywhere except where the arbitral institution is located,which has become an international common practice.However,due to the limitations of the relevant provisions of our domestic law,foreign arbitration institutions to enter the field of our country to carry out arbitration activities encountered obstacles.In particular,the 2004 "Xu Pulin Company case" occurred,the foreign arbitral tribunal was once considered not in the field of our country to carry out arbitration activities.Until the 2013 "Anhui Long Lide company case" emerged,the Supreme People's Court for the first time in its reply to recognize the availability agreement of foreign arbitration institutions arbitrating in China,to show the friendly change of the attitude of the Supreme Court of China to foreign arbitration institutions.It is generally accepted that the emergence of the "Anhui Long Lide Company" case has improved the feasibility of conducting arbitration activities by foreign arbitration institutions in our country and attracted more foreign arbitration institutions to choose to conduct arbitration in our country.However,in the current law of our country,the relevant matters concerning the arbitration of foreign arbitration institutions to China are still lack of clear legislative definition.Under the premise that the law is unknown,the relevant judicial practice lacks the corresponding value guidance.Which Leading to the foreign arbitration institutions in the process of arbitration in China,in terms of interim measures of protection and award of arbitration enforcement,are difficult to obtain the support of the courts in China.And these real dilemmas are precisely the focus of the parties,foreign arbitration institutions,our courts and other multi-party.This paper will analyze the case of foreign arbitration institution carrying out arbitration activities in China by means of literature research and empirical analysis.On the basis of previous studies,this paper analyzes the dilemma faced by foreign arbitration institutions in China's arbitration judicial support.Under the framework of legislation to put forward Corresponding solution,and put forward some suggestions for China's current arbitration legislation,which hope to improve the future of judicial practice level.This paper is divided into the following four parts:The first part is an overview of the judicial support of foreign arbitration institutions carrying out arbitration activities in China.This part expounds the implication of judicial support and the main ways of obtaining the judicial support of foreign arbitration institutions carrying out arbitration activities in China,including interim measures of protection and award of arbitration enforcement,and analyzes the necessity of access to judicial support of foreign arbitration institutions carrying out arbitration activities in China.The second part is the analysis of the dilemma faced by foreign arbitration institutions in obtaining judicial support in Chinese arbitration.This part points out the dilemma faced by the foreign arbitration institution in China to take the interim measures of protection and the dilemma faced by the award of arbitration enforcement of the foreign arbitration institution carrying out arbitration activities in China,and analyzes the causes of the predicament.The third part,clarified the solution of the dilemma faced by foreign arbitration institutions in China to take interim measures of protection.This part puts forward the solution ideas under the current law framework for arbitration preservation measures,and puts forward the suggestions on the legislation of the arbitration preservation measures in our country on the basis of the practice of foreign countries.The fourth part,clarified the solution of the dilemma faced by foreign arbitration institutions in China award of arbitration enforcement.This part from the implementation of decisions of judicial practice,put forward the feasible countermeasure,and puts forward the suggestions on the legislation of the arbitration award nationality in our country on the basis of the experience of foreign countries.