中国人民大学法学院国际商事仲裁法课件 Future Development.pptVIP

Chapter 12Future Development Uniform Int’l Legislation New York Convention UNCITRAL Model Law on International Commercial Arbitration Law UNCITRAL Arbitration Rules Uniform Trend National court should recognize and enforce valid arbitration agreement. National court should recognize and enforce arbitral awards. Arbitral tribunal is competent to decide its own jurisdiction. Applicable Law for Arbitration Procedure Law of the parties’ choice Law of the seat of arbitration Law of the court Applicable Law for Merits of the Case Law of the parties’ choice Law Merchant (rules of law) Closest relationship doctrine Court’s Supervision on Arbitration International arbitration agreement Arbitration procedure Arbitration awards Issues to be coordinated Validity of arbitration agreements Validity of arbitral awards Development Trend for Arbitration Practices Permanent arbitration institutions play more important role Uniform of arbitration rules for different arbitration institutions Parties autonomy respected more Arbitral tribunal has more power to decide the applicable law Ad hoc arbitration’s role Trend for enforcement of international arbitral award Delocalized arbitration Territoriality issues Internationalization of commercial arbitration Arbitration of Modernization and Internationalization in China Ad hoc and institutional arbitration Determination of validity of arbitration agreement Panel system Decision authority for arbitral jurisdiction Decision on the interim measures of protection Judicial review on arbitral award * * *