Journal of Northeastern University(Social Science) ›› 2015, Vol. 17 ›› Issue (5): 521-526.DOI: 10.15936/j.cnki.1008-3758.2015.05.013

• Law • Previous Articles     Next Articles

Study on the Layers Service During Foreign Commercial Arbitrations

ZHANG Wen-zhe1, ZHANG Hu2   

  1. (1.School of Law, Dalian Maritime University, Dalian 116026, China; 2. International Shipping Law School, East China University of Political Science and Law, Shanghai 200042, China)
  • Received:2015-04-10 Revised:2015-04-10 Online:2015-09-25 Published:2015-11-09
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Abstract: Based on the agreement of the parties involved, the stipulation of arbitration rules or the authorization by the court, the relevant notices might be serviced by the lawyer before the arbitration, during the arbitration, and in applying for recognition and enforcement. In some countries of the Anglo-American law system, the lawyers service is supposed to have the same effect as the service of the arbitrator, the arbitral institution or the court. According to the Chinese laws, the lawyers service is defined as a personal act, which does not have the nature of judicial power. The lawyers service to be performed before the arbitration should be valid as long as it accords with what the parties agree. During the arbitration, the effect of the lawyers service should be ascertained by the arbitral rules chosen by the parties involved. As to the validity of the lawyers service in the process of recognition and enforcement of foreign arbitral awards, it should be assessed in accordance with the provisions of the Chinese laws.

Key words: foreign commercial arbitration, lawyers service, legal validity

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