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《纽约公约》的“更加优惠权利条款”使已撤销仲裁裁决的承认与执行成为可能。鉴于国际商事仲裁的契约本质、对公正的价值追求以及法律控制的局限,已撤销仲裁裁决的承认与执行存在其合理性。由于真正阻碍仲裁裁决流通的是仲裁地不被国际上认可的撤销裁决事由,故在适用“更加优惠权利条款”时,更加优惠法律的判断标准应是执行地法律撤销仲裁裁决的事由是否较仲裁地更加优惠。在全球化的时代背景下,当裁定中国当事人胜诉的仲裁裁决在外国法院以各种不合理的事由被撤销时,我国不予承认与执行已撤销仲裁裁决的做法不利于维护中国当事人的合法权益。因此,修改《民事诉讼法》《仲裁法》的相关规定,发挥“更加优惠权利条款”在承认与执行已撤销仲裁裁决方面的功能也成为维护我国当事人合法权益、保障我国国家利益的要求。
The New York Convention’s “more favorable rights clause” makes it possible to recognize and enforce an arbitration award that has been withdrawn. Given the contractual nature of international commercial arbitration, the pursuit of impartial values and the limitations of legal control, the recognition and enforcement of arbitration awards that have been withdrawn are reasonable. As the real obstacle to the circulation of arbitral awards is that the arbitration ground is not internationally accepted as the subject of the arbitration award, the more favorable law should be judged by the law enforcement where the arbitration award is withdrawn when the “more concession clause” is applied. More concessions than arbitration. In the era of globalization, when the arbitral award that ruled the winning of Chinese parties is withdrawn by foreign courts on various unreasonable grounds, the failure of our country to recognize and enforce the arbitration award that has been withdrawn is not conducive to safeguarding the legitimate rights and interests of Chinese parties . Therefore, to amend the “Civil Procedure Law” “Arbitration Law,” the relevant provisions, to play “more concessions ” in the recognition and enforcement of the arbitration award has been withdrawn from the functions of the parties to safeguard the legitimate rights and interests of our country to protect the national interest requirements .