Chapter 7 International Arbitration商法.ppt

Chapter SevenInternational Commercial Arbitration Outline Section Ⅰ---Introduction to International Commercial Arbitration Section Ⅱ---International Commercial Arbitration Institutions Section Ⅲ---International Commercial Arbitration Agreement Section Ⅳ ---International Commercial Arbitration Procedure Section ⅤRecognition and Enforcement of Foreign Arbitral Awards Section OneIntroduction to International Commercial Arbitration Ⅱ Arbitration and Its Advantages What is arbitration? Arbitration is a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding. Differences from Litigation 1.Basis of jurisdiction 2. Scope of jurisdiction 3.Formation of the hearing persons 4. Manner of hearing 5. Result of hearing 6. Recognition and enforcement of decision and reward Ⅲ Arbitrability and Arbitrable Subject Matter Arbitrability, refers to the situation that whether the dispute under the arbitration agreement could be settled by arbitration or not. Ⅳ Kinds of Arbitration 1. Ad hoc and institutional arbitration 2. Provisional and formal arbitration Ⅴ International Commercial Arbitration International commercial arbitration is the process of resolving business disputes between or among transnational parties through the use of one or more arbitrators rather than through the courts. What is Commercial? The international commercial arbitration statutes only apply in respect of differences arising out of commercial legal relationships. There is no definition of commercial in the 1985 UNCITRAL Model Law. A note accompanying Article 1(1) of the 1985 UNCITRAL Model Law states, however, commercial should be interpreted as follows: The term commercial should be given a wide interpretation so as to cover matters arising from all relationships of a commercial nature, whether contractual or not. Relationships of a commercial nature include, but are