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《纽约公约》区分了仲裁裁决的撤销和仲裁裁决的承认与执行,以求在国内利益的保障和仲裁一裁终局的地位之间取得平衡。但在国际商事仲裁实践中,这一安排遭到越来越多的挑战,如对于已被仲裁地法院撤销的仲裁裁决得到其他国家的承认与执行;国内法院向国际商事仲裁庭作出反对仲裁禁令;国内法院逐步扩大了对国际商事仲裁裁决的审查范围。对于这些变化趋势,我国也应从立法和国情出发加以应对。
The New York Convention distinguishes between the withdrawal of arbitral awards and the recognition and enforcement of arbitral awards, in the hope of striking a balance between the protection of domestic interests and the quasi-arbitration arbitration. However, in the practice of international commercial arbitration, this arrangement has been challenged more and more. For example, the arbitral award that has been withdrawn from the court where the arbitration has been taken has been recognized and implemented by other countries; the domestic court has made an anti-arbitration ban on the arbitration tribunal of international commercial arbitration ; Domestic courts have gradually expanded the scope of the review of international commercial arbitral awards. For these changes, our country should also deal with it from the legislation and national conditions.