Research on Private International Law in Siemens International Trading (Shanghai) Limited's Application for Enforcement of Foreign Arbitral Awards

DOI

10.2991/iccessh-19.2019.402How to use a DOI?

Keywords

New York Convention; recognition and enforcement of arbitral awards; foreign-related elements

Abstract

The application of Siemens International Trading Ltd. (Shanghai) and Golden Landmark Co., Ltd. for recognition and enforcement of Singapore Arbitral Award (hereinafter referred to as Siemens case) marks a new breakthrough in judging foreign-related factors in China's civil and commercial relations. On the basis of adhering to the three elements of legal relationship, judges expansively interpreted the subject, object and legal facts of civil relationship, and applied other circumstances" to identify foreign-related civil relations for the first time. In the future, legislation should be further improved to recognize that the subject of free trade area has foreign-related elements. Meanwhile, the "substantive connection theory" should be introduced to restrict the discretion of judges and constantly promote the reform and innovation of arbitration.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Xiangxiu Wang
AU  - Yongpeng Zhao
PY  - 2019/07
DA  - 2019/07
TI  - Research on Private International Law in Siemens International Trading (Shanghai) Limited's Application for Enforcement of Foreign Arbitral Awards
BT  - Proceedings of the 4th International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2019)
PB  - Atlantis Press
SP  - 1875
EP  - 1881
SN  - 2352-5398
UR  - https://doi.org/10.2991/iccessh-19.2019.402
DO  - 10.2991/iccessh-19.2019.402
ID  - Wang2019/07
ER  -