International Commercial Arbitration \
|School||Southwest University of Political Science|
|Course||International Economic Law|
|Keywords||International Commercial Arbitration Trend Research The arbitration award Of arbitration law Arbitral tribunal Enforceability Arbitration proceedings The principle of fairness and justice International commercial exchanges New York Convention|
In traditional international business arbitration , domestic law of the arbitrating place is undisputable authority . However, arbitrating country’s law has been seriously challenged by delocalization and there has been a trend of arbitration procedure away from the arbitrating place’s law with the development of international business arbitration .This article argues the delocalization theory has many things to do with the modernization of arbitration law . The reasonable elements of the theory have been accepted by more and more countries in their legislation and practice . Our country’s arbitration law ought to adopt the development.This essay is consist of six chapters. The preface and the first chapter of this essay deliberate the popular theory on the international business arbitration both home and abroad. That is the delocalisation theory, including its concept, characters, appearance, development, and the different names of the theory and the relations between them.The second chapter of this essay introduces the practice of the localization theory in detail. It includes four parts: the practice in the international legislation; the practice in the domestic legislation; the practice in ICC; the practice in the international arbitration and the domestic judicature of different countries.The third chapter of this essay is about the comment and analysis on the delocalisation theory. From five different fields, the author gives a detailed comment and analysis about the delocalisation theory in the international commercial arbitration.The fourth chapter concerns the recognition and enforcement of thedelocalised arbitral awards. It is also consist of four parts, including its concept, classification, characters, models and performing mechanism. From five countries’ practice, the essay gives a detailed investigation on the enforceability of the delocalised arbitral awards. The essay also makes a minute theoretical analysis about the enforceability of the delocalised arbitral awards.This essay holds that the online arbitration must has something to do with the delocalisation theory. They must act on each other . This essay also talks about how to determine the procedural law applicable to online arbitration and how to annul and recognize and enforce an online arbitral award.The thesis finally discusses the relations between the delocalisation theory and our country’s arbitration system concerning foreign nationals. It sets forth the practice of the delocalisation theory in China. A personal viewpoint is offered to expound how to apply the delocalisation theory in China.