中美两国执行国际商事仲裁裁决比较研究

Enforcing International Commercial Arbitral Awards: A Comparative Study between China and the United States

中美两国均是《纽约公约》的缔约国,但因两国在司法体制、法律渊源以及法律方法论等方面存在着诸多差异,因而它们对该公约的适用也有较大区别。我国法律将仲裁裁决分为国内裁决、涉外裁决及外国裁决三种,法院在承认与执行时对不同种类的裁决进行司法审查的标准亦各不相同。美国法律则并未明确区分国际仲裁与国内仲裁,联邦法律和各州法律都可以适用于国际仲裁案件。中美两国对《纽约公约》中规定的"非内国裁决"理解不一致,该公约在中美两国法院的适用范围也不尽相同。但中美两国促进、鼓励国际商事仲裁事业健康、有序发展的宗旨是一致的。

Both China and the United States are members of the New York Convention. Because of differences in court systems, sources of law, and legal methodology, the Convention＇s application differs dramatically between the two countries. The arbitral awards are divided into three categories in Chinese law： they are domestic awards, foreign-related awards, and foreign awards. While recognizing and enforcing them, the criteria of Chinese judicial review is not the same. However, the arbitral awards are not clearly distinguished into foreign or domestic ones in American laws. Both federal law and state law can be applied to the international arbitration case in the U.S.. Standards for determining the non-domestic awards vary from China to the United States, and the Convention＇s application scope is different in both Chinese and the U.S. courts as well. However, China and the United States share the common idea of enhancing and encouraging the healthy and steady development of international commercial arbitration.