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UM E-Theses Collection (澳門大學電子學位論文庫)

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Title

An empirical analysis on arbitral awards recognition and enforcement between mainland China and Hong Kong/Macau

English Abstract

Because of the history, there are different legal backgrounds in Mainland China, Hong Kong and Macau. However, after the return of HK and Macau, the cross-border arbitration enforcement problems arise. Due to the One-Country, Two-Systems policy, the question-"how to makes the two legal systems compatible with each other" is important. Nowadays, arbitration plays a more and more important role in commercial society. Hong Kong even became one of the arbitration centers in Asia-Pacific Area, which famous for its convenience and conformity. On the opposite, Macau, as an international tourist city, slacks off in arbitration. And in the Mainland, arbitration is developing by leaps and bound. On the issue of enforcing foreign arbitration awards, three parts have developed under the framework of the "Convention on the Recognition and Enforcement of Foreign Arbitration Awards" held at the New York in 1958. Before the sovereignty handover, Hong Kong has been a member of the 1958 United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention") since 1977, while Macau, as the Portugal colony, didn't apply the New York convention. In this period, New York Convention solved the mutual enforcement issues between Mainland and Hong Kong. After the returns, it was a short time no implementation rules cross-border. However, the inter-commercial relationship cross-border intertwined more closely than before. As to enforcing domestic arbitration awards, the law in the Mainland and Hong Kong (Macau) has corresponding provisions and is also progressing gradually and steadily. The Supreme People's Court of Mainland China and the Department of Justice of the Hong Kong (Macau) Special Administrative Region (the "SAR") signed an Arrangement on Mutual Recognition and Enforcement of Arbitral Awards (the "Mutual Arrangement") between Mainland China and Hong Kong (Macau) separately to fill the blank. The article attempts to analysis the current issues after so many years of implementation of two Mutual Arrangements. First, this article starts from the introduction of cross-border arbitration system and the historic involvement. Then here comes the list of legislative arrangements in a comparative way. And then it collects cases as many as possible happened during award enforcement to show the interpretation of Mutual Arrangement, emphasizing the main issues between the implementation. And lastly, put forward the shortages in cross-border arbitral enforcement and discovering what the Arrangements can do to get improvements. This thesis hopes to focus on the implementation situation cross-border, and find the drawbacks to find improvements. [ Key Words] Mainland China; Hong Kong SAR; Macau SAR; Mutual Arrangement; Recognition and Enforcement; Refusal of Enforcement; New York Convention

Issue date

2017.

Author

He, Li Qun

Faculty

Faculty of Law

Degree

LL.M.

Subject

International commercial arbitration

Arbitration and award -- China

Arbitration and award -- Hong Kong

Arbitration and award -- Macau

Supervisor

涂廣建

Files In This Item

Full-text (Intranet only)

Location
1/F Zone C
Library URL
991005904829706306