, arbitrators, procedural law, substantive law, language, etc. 51 This is to be compared with the position of the UNCITRALModelLaw on international commercial arbitration, which only functions with the existence of an arbitration provision. 52 It is assumed that this matter is left to the arbitration
Support and supervision of a court ensure the integrity of the arbitral process and protect the public interest. However, to prevent the confidence of the arbitral system from being damaged, the judicial control should not be too strict. The support and supervision of a court can be seen in many aspects, among which is to challenge an award. Under the Chinese arbitration law, an award made by a foreign arbitration agency is regarded as a foreign award, challenge of which involves resisting recognition and enforcement in accordance with the relevant provisions of the international treaties concluded or acceded to by the People’s Republic of China or on the principle of reciprocity.1 Accordingly, an award made by a Chinese arbitration agency is regarded as a domestic award, challenge of which includes setting aside and resisting enforcement. As to the grounds and procedures for challenging a domestic award, including foreign-related awards and non-foreign-related awards, some Chinese provisions are either obscure or contradictory. There may be room for the Chinese system to be modernized. The Model Law and the English Arbitration Act of 1996 may be used for its reference.
Convention, procedural law, proper notice, public policy, Russia, UNCITRALModelLaw 1. Introduction In the modern world of international commerce, it is very important to have a tool for resolving potential disputes between contractual parties. Obviously, one possible tool is the judicial system of a
: it is in the interest of efficient arbitration proceedings that review of arbitration awards should be limited in scope and that annulment of or refusal to recognize an award should be possible only in exceptional circumstances. 2 A good number of national laws follow the 1985 UNCITRALModelLaw on
highlights the delicate balance between the autonomy of the arbitral process and the control of the national courts’. 5
“Public Policy” is one such ground provided in the New York Convention, as well as in the uncitralModelLaw which is often invoked in the national courts to challenge or refuse the