Research upon Nationality of ICC Awards

Generally, There are two ways to determine the nationality of an international arbitral award:les loci arbitri and the law under which the award was made.The dominance of the notion of nationality of awards based on the place of the arbitration has been confirmed and bolstered by its adoption in the New York Convention.In addition, arbitral awards not considered as domestic ones in the state where their recognition and enforcement are sought could also be applied to the Convention.A legal hindrance will occur when a foreign arbitration institution initiates arbitration in China, because the doctrine of place of the arbitration institution is adopted in China's legislative provisions, which doesn't coincide with prevailing theory and practices of international arbitration.Only by considering these awards as ones which defined by New York Convention last paragraph of Article1, can Chinese courts find the gist of recognition and enforcement.