论外国仲裁机构在中国仲裁的效力

A Study on the Effectiveness of Arbitration Awards Made by Overseas Arbitral Institutions in China

摘要: 我国在加入《纽约公约》时，对于非内国仲裁裁决的承认和执行做出保留。但现实中争议双方为了追求争议解决的公平性约定由外国机构在中国仲裁的情形并不少见，此类仲裁裁决效力认定是一个亟待解决的问题。我国的司法实践和立法层面对于该问题做出了回应，但非内国仲裁裁决在我国内地的承认和执行结果仍存在不确定性。对于相关问题，本文将根据中国的司法判决及目前的法律法规进行分析，以期对于希望选择外国仲裁机构在中国仲裁的争议双方提出合理的法律建议。

Abstract: During the accession of the New York Arbitration Convention, China made a reservation on recogni-tion and enforcement of non-domestic arbitration awards. However, in practice, in order to pursue the fairness of arbitral awards, it is not uncommon for the parties to choose to settle their disputes in an arbitration held by a third-country arbitration institution in China. Thus, the effectiveness of those non-domestic arbitration awards is an urgent problem which needs to be solved. The judicial practice and legislation have responded to this issue, but there are still uncertainties in the recog-nition and enforcement of non-domestic arbitral awards in China. This paper will analyze the exist-ing laws and judicial decisions in China, in order to give a reasonable legal advice to the parties who intend to choose to settle their disputes by a third-country arbitration institution in China.