Nationality of International Commercial Arbitration Awards

Nationality is a concept in public international law that refers to the legal identity of an individual as a member of a particular country to belong to that country. An international commercial arbitration award refers to an award made by an arbitral tribunal on an international commercial arbitration case. The arbitral tribunal here includes the arbitral tribunal under the permanent arbitration institution. In the practice of modern international commercial arbitral awards, the nationality of the arbitral award directly has a bearing on which country's court has the right to exercise the power to reverse a particular international award. However, whether the arbitral award made by the arbitral tribunal has the nationality of a certain country is still a controversy in both theoretical and practical circles. The traditional view is that an arbitral award shall have nationality, and this nationality marks the source of the legal effect of the award. Arbitration is not legally binding unless it is linked to the domestic law of a particular country. In the following, according to the legislation and practice of various countries and international conventions, the nationality classification standards for arbitral awards mainly include the following aspects.