중국의 섭외중재제도

The International Commercial Arbitration in China

&nbsp;&nbsp;Arbitration refers to as a means for the settlement of dispute by a third person upon the arbitration agreement between the parties. The award made by the arbitration tribunal based on arbitration agreement could be enforced by the national court due to domestic law and New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.<BR>&nbsp;&nbsp;In the last 50 years, more and more states became parties of the New York Convention. Some states in their domestic legislation adopted UNCITRAL Model Law on International Commercial Arbitration. As a result, a lot of issues concerning international commercial arbitration are unified. The condition set in the Arbitration Law of the People&quot;s Republic of China are in agreement with those set in the UNCITRAL Model Law. But, the Chinese courts apply different standards to enforce domestic and international arbitral awards made in China. The Court review only procedural issues of the international awards. As to domestic awards, the courts review merits of the case.<BR>&nbsp;&nbsp;The purpose of this paper is to clarify the Chinese practice on the international commercial arbitration.