Proceedings of the 4th International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2019)

Research on Private International Law in Siemens International Trading (Shanghai) Limited's Application for Enforcement of Foreign Arbitral Awards

Authors
Xiangxiu Wang, Yongpeng Zhao
Corresponding Author
Xiangxiu Wang
Available Online July 2019.
DOI
https://doi.org/10.2991/iccessh-19.2019.402How to use a DOI?
Keywords
New York Convention; recognition and enforcement of arbitral awards; foreign-related elements
Abstract
The application of Siemens International Trading Ltd. (Shanghai) and Golden Landmark Co., Ltd. for recognition and enforcement of Singapore Arbitral Award (hereinafter referred to as Siemens case) marks a new breakthrough in judging foreign-related factors in China's civil and commercial relations. On the basis of adhering to the three elements of legal relationship, judges expansively interpreted the subject, object and legal facts of civil relationship, and applied other circumstances" to identify foreign-related civil relations for the first time. In the future, legislation should be further improved to recognize that the subject of free trade area has foreign-related elements. Meanwhile, the "substantive connection theory" should be introduced to restrict the discretion of judges and constantly promote the reform and innovation of arbitration.
Open Access
This is an open access article distributed under the CC BY-NC license.

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Cite this article

TY  - CONF
AU  - Xiangxiu Wang
AU  - Yongpeng Zhao
PY  - 2019/07
DA  - 2019/07
TI  - Research on Private International Law in Siemens International Trading (Shanghai) Limited's Application for Enforcement of Foreign Arbitral Awards
BT  - 4th International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2019)
PB  - Atlantis Press
SP  - 1875
EP  - 1881
SN  - 2352-5398
UR  - https://doi.org/10.2991/iccessh-19.2019.402
DO  - https://doi.org/10.2991/iccessh-19.2019.402
ID  - Wang2019/07
ER  -