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依《纽约公约》第一条第1款规定,公约适用对象不仅包括外国裁决,也包括“仲裁裁决经中请承认及执行地所在国认为非内国裁决者”(即非内国裁决)。这就意味着地域标准并非《纽约公约》适用的唯一标准。被申请承认与执行裁决的国家有将符合一定条件的在本国境内作出的裁决视为外国裁决的裁量权,这是单一的“地域标准”的延伸补充。我国对此尚未作出明确解释,而如何正确理解“非内国裁决”以及如何设立裁量标准对于司法实践有重要意义。
According to Article 1, paragraph 1, of the New York Convention, the object of application of the Convention includes not only foreign rulings, but also “where the country where the arbitral award is recognized and executed considers non-domestic ruling parties” (ie, non-domestic rulings). This means that geographical criteria are not the only criteria to which the New York Convention applies. The countries that have applied for recognition and enforcement of rulings have considered the rulings made in their own country that satisfy certain conditions as the discretionary power of foreign rulings, which is an extension of a single “geographical standard”. My country has not yet made a clear explanation for this. How to correctly understand “non-domestic ruling” and how to set up discretionary standards is of great significance to judicial practice.