earticle

영어

In order to confirm whether the concerns or relief of the international community regarding the Chinese court’s approval and enforcement system for foreign arbitral awards is appropriate, I analyzed the related cases, how the Chinese courts actually apply the provisions of the New York Convention, according to the reasons for rejection of approval and enforcement prescribed in the New York Convention. As a result of case analysis, the Chinese court ruled in most cases by accurately applying the provisions of the New York Convention. Therefore, problems such as the Chinese court’s judgment in favor of domestic enterprises, the application of incorrect legal regulations, and the lack of fruitfulness of judges, which were concerned by the international community related to commercial arbitration, seem to have been resolved to some extent. However, with regard to the approval and enforcement of foreign arbitration awards, it still exposes two problems such as that China’s lower courts are more inclined to reject enforcement of foreign arbitral awards compared to the Supreme People’s Court and Chinese law stipulates the location of the arbitral institute as a standard for determining the nationality of the arbitral awards.