Study On The Nationality Of Arbitration Awards In Chinese Mainland By Overseas Arbitration Institutions

The Chinese government’s active promotion of overseas arbitration institutions to set up operations in the Shanghai,Beijing and Hainan Free Trade Area requires a good guarantee of the rule of law.In the context of the revision of the arbitration law,the issue of nationality of awards made by overseas arbitration institutions needs to be studied.The arbitration law does not provide for the determination of the nationality of the award and lags behind the needs of practice.This article studies the origin of the nationality question,the exploration and the solution carries on.Firstly,based on the background of the emergence and development of this issue,this paper analyzes the orientation of overseas arbitration institutions and their business organizations and the positive significance of arbitration in our mainland,and then comes to the issue of nationality.Then,it explores what standard is generally used when recognizing nationality.Starting with the concept of nationality and the normal standards then follows a comparative law viewpoint to develop that the New York Convention and Model Law and four countries use the " place of arbitration standard".Then,based on the legislation and practice of arbitration in our country,this paper analyzes the three major obstacles to determine the nationality in Chinese mainland: "Arbitration","Standards for the location of arbitration institutions","Nondomestic awards",this paper discusses the typical cases in the recent 30 years.Finally,to seek solutions to the problem of nationality,and proposes solutions based on the revised draft of the Arbitration Law,drawing on international standards and China’s judicial practice,to define the nature and service scope of foreign arbitral institutions and their business organizations,to establish the "place of arbitration standard",and to use China’s foreign-related arbitral awards to determine the nationality of foreign arbitral awards.The purpose is to remove the obstacles for foreign arbitral institutions to arbitrate in Chinese mainland.Making our arbitration market more international and becoming a popular choice of dispute resolution place.