论已撤销仲裁裁决的承认与执行-国际法学专业论文.docxVIP

PAGE PAGE IV III III Abstract Arbitration as a way to resolve the disputes between international traders is a response to the disadvantages of litigation at the beginning. In the international trade area, no one could look down such characteristics of arbitration as flexibility, confidentiality, availability and so on. The parties choose arbitration to resolve disputes not only for the above features and the rights to choose arbitrators and arbitral process but the most important is to avoid the risk that the rights and obligations between the parties are determined by the court of either partys nationality. However, in practice, a country’s court still retains the supervision of arbitration and its award to some degree. As arbitral award is concerned, the arbitration country has the right to annul an award according to its own arbitration law, while a court of the country which is sought to recognize and enforce an award also can recognize and enforce the award in accordance with its domestic law or the international treaties concluded with other countries or that he joined. Whether an award annulled by the origin place of arbitration can be enforced in other jurisdictions is the issue concerned by this article. On this topic, scholars have different opinions. This article does not focus on the views of other scholars which are simply introduced or mentioned in a chapter or paragraph. Except the introduction and conclusion, the full text has three chapters. The first chapter is the overview of the recognition and enforcement of annulled arbitral award. There are three sections in this chapter. The first is to introduce what is the annulled arbitral award. The second, two different kinds of arguments to the issue of recognizing and enforcing the annulled arbitral award: to recognize and enforce and not to recognize and enforce such award. The last section is to describe the current situation of our topic. The second chapter is the international and domestic basis