International Commercial Arbitration

In international commercial contacts, subjective disputes or disputes are unavoidable. An important content and task of international commercial law is how to adopt appropriate ways to solve international commercial disputes in a fair and reasonable way and ensure the smooth progress of international commercial pactions.

There are generally three ways to settle disputes in international commercial relations: conciliation or conciliation, arbitration and judicial proceedings, where arbitration is generally applied.

International Commercial Arbitration refers to the parties to international commercial relations who voluntarily submit disputes to a provisional arbitral body or an international standing arbitration institution after the dispute has occurred, in accordance with the arbitration clause or arbitration agreement, and make decisions according to relevant laws or fair and reasonable principles so as to settle disputes.

Arbitration is a commonly used method to solve international commercial disputes. Compared with conciliation and judicial proceedings, it has the following characteristics: dot: the parties have greater autonomy, the choice of arbitration methods, the dot of arbitration, arbitration institutions, arbitrators, arbitration procedures, and the laws applicable to arbitration. The parties are free to make decisions. Second, the procedures are flexible, prompt and timely, and the fees are low.

(I) International Commercial Arbitration Institutions

The arbitration institution is a non-governmental organization that the parties of international commercial relations independently choose to solve their disputes. The jurisdiction of the arbitration case depends entirely on the choice and authorization of the parties.

International commercial arbitration institutions can be divided into temporary arbitration institutions and permanent arbitration institutions.

A temporary arbitration institution refers to a temporary arbitral organization, which is temporarily constituted by an arbitrator recommended by both parties after the dispute occurs according to the arbitration clause or arbitration agreement of the parties concerned, and is responsible for cutting the dispute between the parties concerned and dissolving it after the award.

A permanent arbitration institution refers to a permanent arbitration institution established by international treaties or domestic laws with fixed dot and fixed rules of arbitration procedures.

At present, several standing commercial arbitration institutions that are more influential in the world are: ICC arbitration court, founded in 1923, headquartered in Paris; Stockholm commercial arbitration court of Sweden, founded in 1917; the London arbitration court of London was founded in 1892; the American Arbitration Association was established in 1926 and its headquarters in New York; the arbitration court of Swiss Zurich chamber of Commerce was established in 1911.

China's international commercial arbitration organization is mainly the China International Economic and Trade Arbitration Commission. It was founded in 1956, and was adjusted in 1980 and 1988. Its headquarters is in Beijing, with branches in Shenzhen and Shanghai. The China Maritime Arbitration Commission was established in 1959 and adjusted in 1988, and its headquarters is in Beijing, two.

(two) arbitration agreement

An arbitration agreement is a written agreement between the parties concerned that they are willing to submit their disputes to arbitration for arbitration, which is the basis for arbitration institutions or arbitrators to accept controversial cases.

There are two forms of arbitration agreement. One is arbitration clause, which refers to the clause that the parties may submit the dispute that may be issued to arbitration when they sign the relevant treaty or contract in the treaty or contract.

The arbitration clause is a most common and important arbitration agreement before the dispute occurs. The first is the arbitration agreement, which means that the agreement signed by the parties after the dispute has been agreed to submit the dispute that has occurred to arbitration. This is a separate agreement independent of the Principal Agreement.

The most important function of the arbitration agreement is to exclude the court's jurisdiction over the dispute cases, so that the parties can only submit the dispute to arbitration for arbitration, so that the arbitral tribunal or arbitrator can obtain jurisdiction.

The arbitration agreement should be as clear as possible, specific and complete. Generally speaking, the arbitration agreement should include the following contents: (1) the place of arbitration dot, which is a key content, is related to the choice of arbitral procedure and the applicable law; secondly, the arbitration institution; (3) the rules of arbitration procedure; generally speaking, the arbitration rules of the arbitration institution are applicable to any arbitration institution, but some countries allow the parties to choose arbitrarily.

(three) International Commercial Arbitration Procedure

The procedure of international commercial arbitration generally includes the following stages: (1) application and acceptance of arbitration; second, the composition of arbitral tribunal.

A temporary arbitration institution can be directly used as an arbitral tribunal, and an arbitration tribunal shall be established within the standing arbitration institution.

The arbitral tribunal shall be chosen by the parties concerned or the arbitrators appointed by the relevant arbitration institutions on the basis of the authorized or designated functions of the parties concerned. 3. Arbitration shall be divided into two ways: oral and written trial; and arbitration award.

The arbitration proceedings shall be terminated after the arbitration tribunal has made a ruling.

(four) enforcement of Arbitral Awards

If the party refuses to execute the arbitral award, arbitration execution will take place.

This includes two situations: the enforcement of domestic arbitration awards and the enforcement of foreign arbitral awards.

The former procedure is relatively simple, and the enforcement of Foreign Arbitral Awards is more complicated, because it involves not only the interests of both parties, but also the interests of the two countries. Therefore, there are many restrictions on the enforcement of foreign arbitral awards, and there are many differences.

There are three international conventions on the recognition and enforcement of Foreign Arbitral Awards: (1) the 1923 Geneva arbitration clause protocol, "the Convention on the enforcement of Foreign Arbitral Awards", concluded in 1927; third, the Convention on the recognition and enforcement of Foreign Arbitral Awards concluded in New York in 1958, referred to as the New York convention.

China formally joined the New York convention in December 2, 1986, but there are two reservations. First, it only applies to two states parties, and two is only applicable to disputes arising from commercial legal relations.