Research On The Recognition And Enforcement Of Foreign Arbitral Awards In China

This paper analyzes the current situation and existing problems of the recognition and enforcement of Foreign Arbitral Awards in China,and puts forward some suggestions to solve the relevant problems.The first part expounds the basic contents of recognition and enforcement of foreign arbitral awards.Firstly,it introduces the "Convention on the recognition and enforcement of Foreign Arbitral Awards",and the standards of China and foreign countries for defining the nationality of foreign arbitral awards.Then,it presents the procedural requirements for the recognition and enforcement of Foreign Arbitral Awards stipulated in the Convention.Finally,it expounds the situation of the Convention,extraterritorial countries and refusal to recognize foreign arbitral awards.The second part analyzes the legislative and status of the judicial recognition and enforcement of Foreign Arbitral Awards in China.It comprehensively discusses the provisions of international treaties,bilateral agreements and domestic legislation.In terms of judicial practice,it expounds the application of the court to the "standard of place of arbitration",differences in the application of "non domestic adjudication standard",cases of recognition and non recognition of interim arbitral awards and the application of the principle of "public policy".The third part analyzes the problems existing in the recognition and enforcement of Foreign Arbitral Awards in China.At the level of legislative design,China’s standard for determining the nationality of arbitration is different from the Convention standard,which narrows the scope of application of the Convention standard;China’s legislation only stipulates that the court has the power of arbitration preservation,but does not give the arbitration tribunal the power of arbitration preservation;China’s legislation lacks provisions on the interim arbitration system,which leads to confusion in the application of the system in judicial practice.In terms of procedural provisions,China’s legislation stipulates that the review procedure is unreasonable;The connotation and applicable standard of the principle of "public policy" are not clear;The internal reporting system is insufficient to violate the basic principles and provisions of the procedural law.The fourth part puts forward reasonable suggestions to improve the legislative design and procedural provisions.At the level of legislative design,the standard of nationality determinatio should possibly be unified,which is consistent with the "standard of place of arbitration" of the Convention,but its "non domestic arbitration standard" could remain the same;It is also suggested that the arbitration tribunal should have the power of arbitration preservation.Besides,the validity of the interim arbitration agreement and the interim arbitration system should be recognized and constructed.As for optimizing the procedure,improving the review procedure,systematizing the legislative provisions,clarifying the review period for different situations,and increasing the hearing review methods might be the possible measures.In addition,clarifying the connotation of public policy and uniforming apply objective standards,abolishing the "internal reporting system",creating pilot projects,and gradually establishing the "appeal system" could be helpful to the procedure.