Research On The Arbitral Award Revocation System

Recently,arbitration is becoming apopular choice of resolvingcommercial disputes for its autonomy,confidentiality,non-governmentality and finality.However,as arbitration is applied widely,every country comes to focus on how to fix wrong arbitration awards and maintain justice of arbitral world.Revocation of arbitration award system is the ultimate means of judicial review,which ensuresboth parties' legal rights,concerns whether court's judicial intervention affects the independence of arbitration,and more importantly and directly effects a country's judicial authority.Therefore,it is atough task to establish a scientific and reasonable vacation of arbitration award system after summarizing internationalarbitration legislation and analyzing the trend of countries' practices.It will not only be beneficial to a healthy dispute settlement mechanism,but also to the development of Chinese vacation of arbitration award system.This dissertationis specifically divided into the following four parts:Chapter ? mainly discussesthe types of arbitration awards of vacation and the ownership and scope of the power of vacation.Meanwhile,it expounds the value of vacation system.Chapter II gives an overview of the legal reasons of vacation combined with other countries' arbitration legislation and convention,and then it discusses the practices and characteristics of different countries by comparison.Chapter III focuses on legal consequences of vacation,mainly the effectiveness of original arbitration agreement and arbitral awarditself when the award is vacated.Then it shows the relief issues of vacation,meaning appealing to court and re-arbitration.Chapter IV gives a picture of the status quo and various problems of Chinese arbitration vacation.By the end,it put forward feasible advice about perfection of domestic and foreign-related revoked arbitration awardsbased on international trend mentioned above.