Judicial Intervention in International Arbitration: A Comparative Study of the Scope of the New York Convention in U.S. and Chinese Courts

Authors

Jian Zhou

Abstract

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards has been praised as one of the most efficient and powerful multilateral legal instruments in promoting international commercial arbitration. The implementation of the Convention, however, depends heavily on the domestic legal mechanisms of contracting states. By strategically adjusting its scope, local courts may expand or limit the benefits of the Convention in a significant way. The comparison between the practices of United States and Chinese courts present two extreme examples of this scope issue. There is considerable room to improve the domestic implementation of the Convention in both countries. Comparison of the two countries also reveals that appropriate domestic judicial intervention on the scope of application is required in order to secure the benefits offered by the Convention.

First Page

403

Recommended Citation

Jian Zhou, 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 (2006).
Available at: https://digitalcommons.law.uw.edu/wilj/vol15/iss2/3