Open AccessA Case Study on the Reasons for Refusing to Recognize or Enforce a Foreign Arbitral Award
Author(s) -
Yilong Li
Publication year - 2022
Publication title -
asian journal of social sciences studies/asian journal social science studies
Language(s) - English
Resource type - Journals
eISSN - 2424-9041
pISSN - 2424-8517
DOI - 10.20849/ajsss.v7i3.1034
Subject(s) - convention , paragraph , law , enforcement , political science , state (computer science) , respondent , computer science , algorithm
Firstly, this paper discusses the legal basis for refusing or recognizing a foreign arbitral award or a judgment in our country, that is, the New York Convention. Our country is a signatory to the New York Convention. Paragraph 2 of Article 5 of the New York Convention exhaustively sets out the grounds on which a Contracting State refuses to recognize and enforce a foreign arbitral award. Secondly, this paper analyzes the reasons for rejecting the application for enforcement based on two cases tried in Taiyuan and Wuxi in recent years, and finds that the courts in our country did not strictly follow the provisions of Paragraph 2 of Article V of the New York Convention when they ruled to reject the application, and neither the applicant nor the respondent mentioned the New York Convention in their application or defense. In the process of our country's judicial assistance system being gradually improved, this problem is also gradually solved. We should adhere to the seven reasons for refusing to recognize and enforce a foreign arbitral award in Article V of the New York Convention as the only source to refuse to recognize and enforce a foreign arbitral award.