Research on Issues of the New York Convention from the Perspective of Judicial Practice in Mainland China

Author: Yang Honglei
Publisher:
Publish Date: 2006-12-01
Features: This book not only studies the applicability issues of the New York Convention but also addresses legal aspects such as the arbitration seat and the place of arbitration, the differences between the New York Convention and China's domestic law in establishing the nationality of arbitration awards, the role of the law of the arbitration seat in arbitration proceedings, and other arbitration theoretical issues such as public policy under international law and domestic public policy. Additionally, it focuses on the attitude and historical development of Chinese courts in determining the validity of arbitration clauses, as well as the standards for judging due process in arbitration. As international commercial arbitration legislation represented by the New York Convention enables arbitral awards from private tribunals to be recognized and enforced in the majority of countries worldwide, the international commercial arbitration legal system constructed by the New York Convention and subsequent international legislative frameworks has also successfully promoted the reform and coordination of domestic legislation in major trading countries globally. This book primarily examines the experiences and shortcomings of Chinese mainland courts in applying the New York Convention, providing researchers with a pathway from theory to practice and back from practice to theory.