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A Theoretical Study on Nationality and Cancellation of International Commercial Arbitration Awards

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DOI: 10.23977/law.2023.020203 | Downloads: 20 | Views: 415

Author(s)

Beibei Guo 1

Affiliation(s)

1 Tianjin University of Finance and Economics, Tianjin, China

Corresponding Author

Beibei Guo

ABSTRACT

The international commercial arbitration award refers to the award made by the arbitration tribunal in international commercial arbitration cases. The determination of the nationality of an arbitral award plays an important role in international commercial arbitration, and the determination of the nationality of an arbitral award also plays a decisive role in the implementation of international commercial arbitration awards. The determination of the nationality of an award in international commercial arbitration is usually based on the implementation region of the case. The court of the state with the nationality of the award can exercise the right to revoke and supervise the award results in commercial arbitration cases. The foreign country without the nationality of the award can only choose to recognize or refuse to implement the revocation and supervision. Once an arbitral award is revoked, the arbitral award will no longer be legally binding. And a foreign arbitral court that does not have the nationality of the award can refuse to recognize the enforcement of the arbitral award.

KEYWORDS

International commercial arbitration; Nationality of the ruling; Revoke

CITE THIS PAPER

Beibei Guo, A Theoretical Study on Nationality and Cancellation of International Commercial Arbitration Awards. Science of Law Journal (2023) Vol. 2: 18-22. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.020203.

REFERENCES

[1] Guo Shiwen. Research on the recognition and enforcement of revoked international commercial arbitration awards [J]. Journal of Southeast University (Philosophy and Social Sciences Edition), 2022, 24 (S2): 98-102.
[2] Xu Tu. Exclusion of the validity of the cancellation procedure agreement in international commercial arbitration [J]. Beijing Arbitration, 2021, (04): 20-33.
[3] Fan Xiaoyu. On the Impact of Bankruptcy on the Recognition and Enforcement of International Commercial Arbitration Awards — From the Perspective of the Application of Article 5 of the New York Convention [J]. Journal of International Economic Law, 2022, (03): 141-156.
[4] Jiang Hui. Innovation in the inspection and adjustment of the recognition and enforcement mechanism of China-ASEAN commercial arbitration in the context of RCEP [J]. Political and Legal Series, 2022, (06): 97-109.
[5] Chen Jianhua. The judicial determination of "excessive arbitration" in international commercial arbitration awards — based on the perspective of judicial practice [J]. Commercial Arbitration and Mediation, 2021, (02): 105-117.
[6] Xu Hui. Implementation of revoked international commercial arbitration awards under the framework of the New York Convention [J]. Journal of Dalian Maritime University (Social Science Edition), 2020, 19 (05): 58-66.
[7] Qin Huaping. Determination of the place of arbitration in international commercial arbitration and its legal significance — starting from BNA v. BNB and another case [J]. Commercial Arbitration and Mediation, 2020, (02): 69-81.

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