The Perfection Of Judicial Supervision Over Commercial Arbitral Award In China

With the development of market economy and trade activities, arbitration is increasingly becoming an important means for dispute resolution due to its own advantages. But these advantages themselves-such as, convenience, fast and secrecy-can also become the source of a range of issues. Therefore, in order to ensure the impartiality of the arbitration, the arbitration needs judicial supervision.Arbitral award is the direct result of arbitration and the core part of this way of dispute resolution. Correspondingly, the judicial supervision of arbitral award makes up the crucial content of the judicial supervision of arbitration.But this supervision is not supposed be a kind of arbitrary one, it's a moderate supervision built under the premise of respecting to the conventionality, publicity and independent value of arbitration.How to grasp this moderation and embody it through the judicial supervision system of arbitral award are provided with very important theoretical and practical significance.The full paper is composed of five chapters.The first chapter probes and analyzes the concept and advantages of arbitration, brings out the basic notions of both judicial supervisions of arbitration and arbitral award by illustrating the history of the relationship between arbitration and judicature, and point out the importance of judicial supervision of arbitral award in the judicial supervision of arbitration.The second chapter discusses the basis of the judicial supervision of arbitral award and elaborates mainly from two aspects: the necessity and legitimacy of the judicial supervision of arbitral award. The third chapter demonstrates Anglo-American law system, Continental law system, International Conventions and the Judicial Supervision of arbitral award in the United Nations Model Law.The fourth chapter analyzes the existing problems concerning judicial supervision of arbitral award in accordance with our country's current laws.The fifth chapter puts forward some ideas on the perfection of our country's judicial supervision of arbitral award.