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The ‘Silk Road’ is a network of ancient overland trade routes that extended across the Asian continent connecting China to the Mediterranean Sea.1 It has existed for thousands of years, passing through many different empires, kingdoms,... more
The ‘Silk Road’ is a network of ancient overland trade routes that extended across
the Asian continent connecting China to the Mediterranean Sea.1 It has existed
for thousands of years, passing through many different empires, kingdoms,
reigns and societies throughout history. The ‘Silk Road’ has further enriched
the countries it passed through, transporting cultures, religions, languages and
of course material goods into societies across Europe, Asia and Africa, thereby
uniting them all with a common thread of cultural heritage and plural identities.2
Originally, the term ‘Silk Road’ was invented by German geographer, Ferdinand
von Richthofen in 1877 noticing that China’s silk was the major trade product.3
Today, there are over 40 countries alongside the Silk Roads.4 People in these
countries have been interacting with each other involving commerce, especially
trading in goods. Some of these interactions inevitably led to disputes including
wars.5 It must have become clear to at least some of these early traders and
diplomats that a regular mechanism for dispute resolution would be useful.6
Recent evidence further indicates that international arbitration has received
widespread endorsement from scholars and commentators as a preferred method
of resolving the conflicts, which often arise between the parties in commercial
transaction,7 especially when the parties have diverse nationality and cultural
background.
the Asian continent connecting China to the Mediterranean Sea.1 It has existed
for thousands of years, passing through many different empires, kingdoms,
reigns and societies throughout history. The ‘Silk Road’ has further enriched
the countries it passed through, transporting cultures, religions, languages and
of course material goods into societies across Europe, Asia and Africa, thereby
uniting them all with a common thread of cultural heritage and plural identities.2
Originally, the term ‘Silk Road’ was invented by German geographer, Ferdinand
von Richthofen in 1877 noticing that China’s silk was the major trade product.3
Today, there are over 40 countries alongside the Silk Roads.4 People in these
countries have been interacting with each other involving commerce, especially
trading in goods. Some of these interactions inevitably led to disputes including
wars.5 It must have become clear to at least some of these early traders and
diplomats that a regular mechanism for dispute resolution would be useful.6
Recent evidence further indicates that international arbitration has received
widespread endorsement from scholars and commentators as a preferred method
of resolving the conflicts, which often arise between the parties in commercial
transaction,7 especially when the parties have diverse nationality and cultural
background.
Research Interests:
This paper examines arbitration law of each state relating to foreign awards enforcement among Silk Road Countries. It aims to familiarize foreign lawyers with law and regulations among Silk Road Countries, specifically China, Indonesia,... more
This paper examines arbitration law of each state relating to foreign awards enforcement among Silk Road Countries. It aims to familiarize foreign lawyers with law and regulations among Silk Road Countries, specifically China, Indonesia, and Iran. It first identifies enforceability of international awards under the New York Convention by considering its major role in delivering uniform legislative standards for court recognition and enforcement of foreign and non-domestic awards. The results demonstrate that those countries take distinctive approach in enforcing foreign award, but basically they consider similar grounds for refusing the enforcement of foreign award. It is also found that certain state has more comprehensive rules than the other country, but essentially each state has shown its effort to advance or improve its arbitration law in order to support the enforcement of foreign award in its territory.