Copyright (c) 2006 Pacific Rim Law & Policy Association
Pacific Rim Law & Policy Journal
ARTICLE: JUDICIAL INTERVENTION IN INTERNATIONAL ARBITRATION: A COMPARATIVE STUDY OF THE SCOPE OF THE NEW YORK CONVENTION IN U.S. AND CHINESE COURTS
15 Pac. Rim L. & Pol'y J. 403
Jian Zhou +
Arbitration has become a popular alternative dispute resolution avenue, both domestically and globally. Arbitration is praised for its speed, the autonomy it provides to parties, the arbitrators' technical expertise, the confidentiality of proceedings, and its relatively low cost. 1 When the setting for commercial dispute resolution is international, arbitration precludes the uncertainty of procedures in foreign courts. This is especially attractive for Western investors in commercial disputes involving developing countries of different cultures and conflicting political ideologies, such as Communist China. 2 Enforcing arbitral awards in a foreign country is also much more practical than enforcing a court judgment due in large part due to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention" or "Convention"). 3
The New York Convention offers a powerful instrument for enforcing arbitration agreements and arbitral awards among its 130 plus contracting parties. 4 It requires each contracting state to recognize and enforce arbitral awards entered in the territory of another state, as well as those awards that a contracting state considers non-domestic awards. 5 It also requires contracting states to recognize written arbitration agreements. 6 To benefit from the Convention, an arbitration proceeding must fall within the Convention's scope. Although the Convention's drafters strove for an unambiguous compromise among different legal systems, the implementation of the Convention in domestic courts differs dramatically from one country to another and, in some cases, from one court to another within the same country. ...
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