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Case Analysis Of Korea Line Of Corporation’s Application Of Recognition And Enforcement Of Arbitral Awards

Posted on:2021-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y W NieFull Text:PDF
GTID:2506306245476734Subject:legal
Abstract/Summary:PDF Full Text Request
As international commercial arbitration is accepted by countries around the world,it has become an important way to resolve international commercial disputes.International arbitration and litigation have gradually merged from the state of opposition to each other,and courts of various countries have begun to strengthen judicial supervision of international arbitration and use it strictly and prudently to achieve a balance between the two.In recent years,in the development process of arbitration in various countries and international arbitration,the international community has maintained a basic attitude in favor of arbitration.The author takes the Korean Line of Corporation case as an example to analyze and resolve legal disputes in the process of recognition and enforcement of foreign arbitral awards.This case is mainly related to the issues related to the parties’ application for interim measures to the courts of our country and the distinction between public policies and mandatory norms.The first part gives a basic overview of the case and the focus of the dispute,sorts out the facts and the legal relationship between the subjects,and sets the stage for the following.In the second part,the author analyzes the controversial issues involved in the case,including the temporary measures and the application of public order reservations.In the section of interim measures,the basic theoretical issues of interim measures were explained,and thereafter,the specific case of the case was combined with theory for analysis.At the same time,the similar cases are analyzed and compared with the case,so as to deepen the understanding of the case.In the part of public policy and mandatory regulations,focusing on the difference between the two,a brief analysis of the definition and applicable standards of public policy in different countries is made.At the same time,according to Article 4 of <Lawof the People’s Republic of China on Application of Laws to Foreign-Related Civil Relations> and the relevant provisions of its judicial interpretation,the case of mandatory provisions in the case is analyzed in depth.The comparison of similar cases with this case is helpful to further solve the application of public policy in this case.The third part presents the revelation of the case,and gives perfect suggestions on the controversial and inadequate issues of temporary measures and public policies in practice.The recommendations for interim measures are mainly based on the principle of reciprocity,with reference to similar cases,domestic laws and regulations,and the relevant provisions on inter-regional protection assistance issues in the <Arrangements for Mutual Assistance between the Mainland and Hong Kong Special Administrative Courts on Arbitration Procedures>.The recommendations on the distinction between mandatory regulations and public policies are mainly to prevent the confusion and application of the two,and to further clarify the applicable standards that regulate public policies.
Keywords/Search Tags:international commercial arbitration, recognition and enforcement of foreign arbitral awards, interim measures, public policy, mandatory law
PDF Full Text Request
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