Determination Of The Nationality Of Arbitral Awards Made By Overseas Arbitration Institutions In China

Compared with other dispute resolution methods,arbitration has unique advantages in respecting the parties’ autonomy,confidentiality,flexibility,etc.Especially in the world where most countries have signed the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.Compared with arbitration and litigation,the recognition and enforcement of awards are more convenient.Therefore,the role of arbitration,especially international commercial arbitration,in solving commercial disputes is becoming increasingly prominent.In international commercial arbitration,the arbitration award is usually related to the judicial authority’s supervision of arbitration and the recognition and enforcement of the arbitration award.According to the common practice of international commercial arbitration,the place of arbitration determines the arbitration award.Therefore,whether the parties agree on the place of arbitration in the agreement or the arbitral tribunal determines the place of arbitration,a variety of factors will be considered.This paper analyzes China’s current arbitration-related legal system and the international treaties to which China has acceded,combined with the representative cases of foreign-related arbitration that have appeared in recent years,this paper analyzes the present situation,problems and suggestions of overseas arbitration institutions in China,which can promote the development and perfection of China’s arbitration system.As far as China is concerned,as the world’s second largest economy,China’s total international trade volume is very large,and disputes will inevitably occur during the transaction process,and as China further deepens reforms,especially in recent years,the construction of the "Belt and Road" has advanced in depth China is committed to building a regional arbitration center,and is also paying more and more attention to the development of international commercial arbitration.In order to better participate in international competition and reasonably use various dispute resolution methods to resolve disputes and resolve conflicts,it is also necessary to constantly improve my country’s arbitration system and enhance the international level of China’s arbitration.On the other hand,many overseas arbitration institutions are also aware of the huge arbitration service market in China.In order to better participate in China’s arbitration service market competition,in addition to accepting arbitration cases,they also try to conduct arbitration in China.However,due to the shortcomings of China’s current arbitration legal system,although China has adopted a series of positive measures in the development of arbitration,at present when foreign arbitration institutions arbitrate in the Mainland of China,the validity of arbitration agreements is determined and the arbitration award belongs to The lack of uniform standards in the determination also leads to many uncertain risks in the recognition and enforcement of such arbitral awards,which also makes many overseas arbitration institutions wait-and-see and cautious about arbitration in China’s mainland,which greatly hinders In addition,Chinese and foreign commercial entities actively participate in international commercial transactions and reasonably resolve disputes.At the same time,they also have an adverse impact on the development of China’s arbitration and China’s international credibility.Therefore,unifying the arbitration award membership criteria and reforming China’s current arbitration system to better create a good legal environment for the construction of the"Belt and Road" and accelerate the creation of an Asia-Pacific arbitration center are currently urgently needed to be resolved in China’s arbitration development One of the problems.This article analyzes China’s current arbitration-related legal system and the international treaties it has joined,combined with the cases that have emerged in recent years,and proposes solutions by analyzing the causes of the problems,so as to better promote the development and improvement of China’s arbitration system.This article is divided into four chapters.The first chapter analyzes the status quo of arbitration by foreign arbitration institutions in China and discusses the problems caused.First,based on the recent cases of overseas arbitration institutions arbitrating in China and China’s attempts to support and develop arbitration,the status of arbitration by foreign arbitration institutions in China and the problems in determining the arbitration award’s status in China are analyzed..Chapter 2 comprehensively analyzes the differences in the determination of nationality of the awards made by overseas arbitration institutions in my country.First,it analyzes the reasons for the differences in the determination of nationality from the theoretical point of view and the two mainstream views in the theoretical field in my country regarding the determination of the status of arbitration.Secondly,by reorganizing and analyzing the representative cases of my country’s foreign-related arbitration in recent years,the Supreme People’s Court and the local courts have analyzed the repeated positions of the arbitration awards from the perspective of judicial practice.The third chapter analyzes the practical impact of the differences in the determination of the arbitration institutions made by foreign arbitration institutions in my country.Chapter 4 analyzes the proper position of the determination of the arbitration status made by the overseas arbitration institution.First of all,from the perspective of maintaining judicial sovereignty and fulfilling treaty obligations,it clarifies the path of unifying the standard of membership under the current arbitration legal framework.Secondly,from the perspective of safeguarding my country’s public interests and following public policies,put forward strategies to resolve differences in the identification of membership from a long-term perspective.