Exercises
1.Prepare answers to the following questions using paragraph form.
(1) What is “international commercial” arbitration? Compared with litigation,what are the advantages of “international commercial” arbitration?
(2) What are the distinctions between recognition and enforcement?
(3) What is New York Convention? Summarize China’s domestic rules to implement the Convention.
2.Multiple Choice
(1) Arbitration ( )
A.is a public system of adjudication.
B.is administrated by arbitrator(s) appointed by courts.
C.is a more efficient means to settle disputes than litigation.
D.is rare in international business transactions.
(2) Which of the following statements is not correct? ( )
A.Under the Civil Procedure Law,the time limit for the submission of an application for enforcement shall be one year,if both or one of the parties are citizens; it shall be six months if both parties are legal persons or other organizations.(https://www.daowen.com)
B.Under Chinese scholarship,there is no need to distinguish “foreign” from “international” in the context of international commercial arbitration.
C.China adopts an open-ended definition of “commercial.”
D.The New York Convention is the backbone of China’s legal system for recognition and enforcement of foreign arbitral awards.
(3) The New York Convention ( )
A.has been proved to be a failed international treaty.
B.does not provide an accurate definition of “award.”
C.provides that an award shall have universal effect without any limitations.
D.has ninety-six contracting parties till 2010.
3.Case Analysis
A,an English company,and X,a Chinese company,entered into a reinsurance contract containing an agreement to arbitrate in London Court of International Arbitration (LCIA).The reinsurance contract was void according to English law because it was not embodied in a stamped policy.A dispute arose,and A submitted the dispute to LCIA,but X refused to do so who argued that as the contract,including the arbitration clause was void,LCIA was not competent to hear the dispute.In accordance with the agreement to arbitrate,the arbitration panel was established at the request of A.The arbitrators made an award in favor of A which is valid by English law.Later,A wanted the award to be recognized and enforced in China.
In this case,did LCIA have jurisdiction over the dispute? Do you believe the award would be recognized and enforced in China? If you were A’s lawyer,what would you do in order to have the award recognized and enforced?