This essay considers that a lenient legislative interpretation and judicial interpretation given to foreign affair arbitration a-greements is in accordance with the usual international practice.Words and expressions u...This essay considers that a lenient legislative interpretation and judicial interpretation given to foreign affair arbitration a-greements is in accordance with the usual international practice.Words and expressions used in the arbitration agreement signed by the parties do not need to be regulated strlctly. The arbitra-tion agreement should be allowed to be used widely, and only the expression of arbitration is indicated can such wish of the parties be fulfilled as fully as possible.展开更多
This essay considers that the parties of foreign affair arbitration shall be allowed to apply for property security proceedings directly to the conrt before or in the process of arbitration and shall not be forced to ...This essay considers that the parties of foreign affair arbitration shall be allowed to apply for property security proceedings directly to the conrt before or in the process of arbitration and shall not be forced to submit the said application through the arbitration institu tion. The essay also suggests that on the basis of proper revision ofArticle 252 in the Civil Procedue Law, Article 258 in this lawshould be abolished. In addition, relevant stipulations in the "Special Procedure of Maritime Litigation" (draft in 1994 ) and in theArbitration Law should be revised correspondingly.展开更多
文摘This essay considers that a lenient legislative interpretation and judicial interpretation given to foreign affair arbitration a-greements is in accordance with the usual international practice.Words and expressions used in the arbitration agreement signed by the parties do not need to be regulated strlctly. The arbitra-tion agreement should be allowed to be used widely, and only the expression of arbitration is indicated can such wish of the parties be fulfilled as fully as possible.
文摘This essay considers that the parties of foreign affair arbitration shall be allowed to apply for property security proceedings directly to the conrt before or in the process of arbitration and shall not be forced to submit the said application through the arbitration institu tion. The essay also suggests that on the basis of proper revision ofArticle 252 in the Civil Procedue Law, Article 258 in this lawshould be abolished. In addition, relevant stipulations in the "Special Procedure of Maritime Litigation" (draft in 1994 ) and in theArbitration Law should be revised correspondingly.
