在内地执行香港仲裁裁决的法律问题初探

内地和香港之间相互执行仲裁裁决安排是"一国两制"原则下有创意地解决两地之间执行问题的成功努力.它为在内地执行香港仲裁裁决提供了具体规则.这些规则应当与<民诉法>有关条款,及最高人民法院有关的司法解释、规则一起理解.两地为执行对等安排而制订的法律规则显示了某些不同特点.这些不同,一方面属于语言文字问题,另一方面属于立法方式和技术的差别.因此,两地应当作进一步努力,建立必要的基本解释规则.

On Legal Problem of Enforcement of Hongkong Arbitration Award in Mainland

The arrangement of mutually enforcing arbitration award between mainland and Hongkong is the successful effort to originally solve the problem of enforcement between them. It provides specific rules for mainland to enforce Hongkong arbitration award. These rules should be understood together with relevant provisions of civil procedural law, and the relevant judicial interpretation and rules of Supreme Court of China. The rules formulated by mainland and Hongkong for mutual arrangement show some different characteristics. These differences are due to language difference on one hand, and on the other hand, due to the difference of the form and technique of legislation. Thus, both mainland and Hongkong should make further efforts to confirm the potential conflicts and doubts between the rules formulated according to mutual arrangement and to establish necessary basic rules of interpretation in order to avoid the conflicts and doubts.