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国际商事仲裁的法律适用概览(英文)

  If the intended recognition and enforcement is sought in the country in which the arbitration award was made, the process of recognition and enforcement will be easier to approach because this award is not foreign or international and the court will regard it as a domestic arbitration award (not all countries do so, e.g. France). As mentioned above, the awards of international commercial arbitration are frequently made in a neutral place and the losing party’s assets may be located in more than one country, accordingly the awards when submitted in the national courts are often regarded as foreign awards, as a result, seeking the recognition and enforcement should be considered into a worldwide dimension. From the Geneva Protocol of 1923 to the Geneva Convention of 1927 then culminating in the New York Convention, which had largely superseded the formers, treaties have been acting an importance role to call for the recognition and enforcement of foreign or international arbitral awards. By the end of 1998, more than 115 countries had adhered to the New York Convention 1958.  After 1958, even less impact than New York Convention, there were several international and regional conventions made for the particular circumstances. In the other words, the ICA awards have approaches to be recognized and enforced by the national courts in most important trading countries of the world and once a country has signed on a treaty, e.g. New York Convention, it may have adopted the provisions of New York Convention, and its domestic courts would do only one thing that is to examine whether the award meets the requirements of the provisions for recognition and enforcement.
  
【参考文献】Bibliography: Collins, Dictionary of Law, the second edition. (2001) Fraser P Davidson, Arbitration, (2000) Jilin Press: Collection of Laws of the People''s Republic of China (2001) Alan Redfern & Martin Hunter, Law and Practice of International Commercial Arbitration, 3rd edition, (London: Sweet & Maxwell, 1999) Reymond,


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