Judicial Supervise Over International Commercial Arbitration Awards

Arbitration is one of the most important ways to solve the international commercial disputes, however, the judicial supervise over international commercial arbitration is already accepted by all the countries. Accordingly, though, modern international and domestic legislations has acknowledged the enforceability and resjudicita of a qualified international commercial arbitration award, meanwhile confirm the possibility of judicial review over the awards. Compared the regulations about the judicial supervise over international commercial arbitration awards in the international and domestic legislations, you can find it differs from the supervise measure and scope. So this dissertation intends to discuss on the question that which kind of the system structures and methods is best for the development of the arbitration as well as ensure the pursuit of the equity in the arbitration. This dissertation begins with the theory basis of the the judicial supervise over the awards, observes the current situation about the judicial supervise over the awards, analyzes the relevant theories and systems about the proper judicial supervise over international commercial arbitration awards, at the same time, it combines the relevant legislations and practices of our country, hope to do some contribution in perfecting the judicial supervise system over international commercial arbitration awards with the requirements of the proper judicial supervise.This dissertation divided into four chapters altogether without the preface.Chapterâ… is about the basic theory of the judicial supervise over international commercial arbitration awards. Firstly, on the basis of clearing the position and importance of the awards in the international commercial arbitration, the dissertation clarities the definition of the international commercial arbitration awards. Secondly after discussing the characteristic of the judicial supervise over international commercial arbitration, the dissertation makes clear the definition and the character of the judicial supervise over international commercial arbitration. Finally, on the understanding of the conceptions above, the dissertation raises the theory evidence of the judicial supervise over international commercial arbitration.Chapterâ…¡is about the current situation of the judicial supervise system over international commercial arbitration awards. The dissertation introduces the existing situation of the annulment system and non-enforcement system over international commercial arbitration awards. Each of it includes four sides:meaning, competent court, reasons, legal consequences. The intention of it is to provide a system background for the discussion about the proper judicial supervise over international commercial arbitration awards.Chapterâ…¢is about the proper judicial supervise over international commercial arbitration awards. Firstly, introduce the theoretical background of the proper judicial supervise over international commercial arbitration awards, that is just the argue between the overall supervision theory and the procedure supervision theory. Secondly, the dissertation gives an overview over the proper judicial supervise over international commercial arbitration awards from following sides: meaning, scope and standard, necessity. Thirdly, the dissertation arises the problems and matching solution of the de novo arbitration system, hoping to do something in perfecting the proper judicial supervise system over international commercial arbitration awards. Finally, this dissertation creatively arises the assumption that we can apply the harmless error rule to the judicial supervise system over international commercial arbitration awards,so as to avoid the situation like that we revoke or no enforce the awards just because of some tiny errors or the errors that would never influence the substantive rights of the parties. Therefore, we can balance the relationship between the judicature and arbitration better, as well as balance the relationship between the equity and efficiency of the arbitration better, and eventually realize the proper judicial supervise over arbitration better. For the purpose above, on the basis of clearing the definition of the harmless error rule, this dissertation introduces the existing situation of it arises the assumption about its implication in the the proper judicial supervise system over international commercial arbitration awards.Chapterâ…£is about the perfection of the judicial supervise system over the international commercial arbitration awards in our country. Firstly, introduce the current situation of the judicial supervise system over the international commercial arbitration awards in our country. Secondly, arise the defect in the judicial supervise system over the international commercial arbitration awards of our country. Finally, the dissertation makes some suggestion to perfect the judicial supervise system over the international commercial arbitration awards in our country. It includes four sides; reason setting, procedure regulation, public order censorship, and report censorship.