چکیده:
This paper examines arbitration law of each state relating to foreign awards enforcement
among Silk Road Countries. It aims to familiarize foreign lawyers with law and regulations
among Silk Road Countries, specifically China, Indonesia, and Iran. It first identifies
enforceability of international awards under the New York Convention by considering its
major role in delivering uniform legislative standards for court recognition and enforcement
of foreign and non – domestic awards. The results demonstrate that those countries take
distinctive approach in enforcing foreign award, but basically they consider similar grounds
for refusing the enforcement of foreign award. It is also found that certain state has more
comprehensive rules than the other country, but essentially each state has shown its effort to
advance or improve its arbitration law in order to support the enforcement of foreign award
in its territory.
خلاصه ماشینی:
Enforcement of Foreign Arbitral Awards among Silk Road Countries: China, Indonesia, and Iran Dr. Arash Izadi1* and Rachmi Dzikrina2 1Attorney at Law, Arbitrator, Post Doctorate Researcher of Koguan Law School, Shanghai Jiao Tong University, China (arash.
Original Article: Received 02 Aug. 2017 Accepted 20 Sep. 2017 Published 30 Dec. 2017 ABSTRACT This paper examines arbitration law of each state relating to foreign awards enforcement among Silk Road Countries.
Arbitration, New York Convention, ForeignAward, Enforcement of Foreign Award, China, Indonesia, Iran Keyword: * Corresponding author: Izadi Peer review under responsibility of Iranian Journal of Social Sciences and Humanities Research Iranian Journal of Social Sciences and Humanities Research Vol 5 Issue 4 (2017) I.
‡‡‡‡ United Nations, Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York: 2015.
‡‡‡‡‡‡‡ In 1987, the Supreme People’s Court issued a Circular on the Implementation of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards Entered by China (hereinafter "SPC’s Circular") as the implementing regulation succeeding China’s accession to the Convention.
§§§§§§§ Circular of Supreme People’s Court on the Implementing Convention on the Recognition and Enforcement of Foreign Arbitral Awards Entered by China, art.
9. United Nations, Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York: 2015.
The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, art.
Circular of Supreme People’s Court on the Implementing Convention on the Recognition and Enforcement of Foreign Arbitral Awards Entered by China, [SPC].