Chapter 12 Future Development

1
Chapter 12Future Development
2
Uniform Intl Legislation

• New York Convention
• UNCITRAL Model Law on International Commercial
  Arbitration Law
• UNCITRAL Arbitration Rules

3
Uniform Trend

• National court should recognize and enforce valid
  arbitration agreement.
• National court should recognize and enforce
  arbitral awards.
• Arbitral tribunal is competent to decide its own
  jurisdiction.

4
Applicable Law for Arbitration Procedure

• Law of the parties choice
• Law of the seat of arbitration
• Law of the court

5
Applicable Law for Merits of the Case

• Law of the parties choice
• Law Merchant (rules of law)
• Closest relationship doctrine

6
Courts Supervision on Arbitration

• International arbitration agreement
• Arbitration procedure
• Arbitration awards

7
Issues to be coordinated

• Validity of arbitration agreements
• Validity of arbitral awards

8
Development Trend for Arbitration Practices

• Permanent arbitration institutions play more
  important role
• Uniform of arbitration rules for different
  arbitration institutions
• Parties autonomy respected more
• Arbitral tribunal has more power to decide the
  applicable law
• Ad hoc arbitrations role

9
Trend for enforcement of international arbitral
award

• Delocalized arbitration
• Territoriality issues
• Internationalization of commercial arbitration

10
Arbitration of Modernization and
Internationalization in China

• Ad hoc and institutional arbitration
• Determination of validity of arbitration
  agreement
• Panel system
• Decision authority for arbitral jurisdiction
• Decision on the interim measures of protection
• Judicial review on arbitral award