篇名 | 評論大陸新仲裁法 |
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卷期 | 18:2 |
並列篇名 | SOME OPINION ABOUT THE LAW OF PRC ON ARBITRATION The Uncitral Model Law |
頁次 | 055-072 |
關鍵字 | Arbitration agreement 、 Arbitrator 、 Arbitral procedure 、 Award |
出刊日期 | 199710 |
The Uncitral Model Law ( on international commercial arbitration ),which has not been adopted in china, served as a guide wben the first uniform law of the peopled republic of china on Sep 1st, 1995. which affirmed: (1) The theChinese court should not take up any case for litigation if there is an arbi- tration agreement between the parties. (2) That parties to a dispute are free to refer their dispute to arbitration in china or outside. (3) That arbitral awards rendered in China are final and no appeal is permitted. (4) That the Chinese court shall take conservatory measures of protection if one party so requests in the process of arbitration and the court consinders it necessary. (5) That the Chinese court shall enforce an arbitral award if one parties fails to comply with the award and the other party applies to the court for the enforcement, unless there grounds for refusal.