Font Size: a A A

The Research On The Award System For Rescinding Arbitration

Posted on:2012-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:L Q YangFull Text:PDF
GTID:2166330335977009Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As an alternative resolution, the arbitration has been recognized not only by the parties but also by the world for its inherent advantages. With the development and the improvement of the economy and society, supporting and improving arbitration will be the historical trend in the world. However, it is necessary to judicially review the arbitration because of the existence of its characteristic and shortcomings as long as advantages in accordance with the role of court in the settlement system. As an important part of judicial review to arbitration, the award system for rescinding arbitration will deeply facilitate the development of arbitration system in China and will provide a convenient and efficient settling method for the parties.In this paper, the author particularly illustrates the content of the award system for rescinding arbitration and its existing necessity according to the difference between the concept of this system and others. Then, the paper introduces the current legislation situation in China for the rescinding arbitral award. Meanwhile, the author discloses this system application and the current situation in practice of China according to a large amount of statistical data and charts as well as evaluates the Chinese award system for rescinding arbitration, which includes not only the affirmative evaluation for the Chinese arbitration development but also the shortcomings of Chinese legislation and practice. This viewpoint establishes a practicing basis for the third section of this paper. Finally, this paper discusses the relevant issues on the award system for rescinding arbitration. Chapter one is an overview part on the award system for rescinding arbitration. In this section, the author analyzes the differences among the rescinding arbitral award, non-enforcement of arbitral award and the re-arbitration in accordance with the concept and characteristic of the award system for rescinding arbitration. And also, this section discusses the existing necessity of the award system for rescinding arbitration and gives a support for the whole paper in the term of the perspective of the arbitral tribunal, the court and the parties.Chapter two is an analysis part on the legislation and practice of the award system for rescinding arbitration. In this section, the author introduces the legislation of the award system for rescinding arbitration in China, the practice of case investigation, the detailed data and the reason analysis. This section evaluates the current legislation situation on the award system for rescinding arbitration in China and analyzes the urgent need for improvement as well as the joyful aspect.Chapter three is a recommendation part on buliding the award system for rescinding arbitration in China. This main point of view on building the award system for rescinding in China is on the basis of the sue nature on the recognized rescinding arbitration award,the reason of rebuilding the rescinding arbitration award and the proceeding on improving this system.Chapter four is a discussion part on the award system for rescinding arbitration. The main contents in this section include the judicial review amendment on rescinding the "dual track" system of arbitration in China, the reform on the supervision to the rescinding arbitration cases by the people's court and the application of re-arbitration.
Keywords/Search Tags:arbitration award, rescinding system, legislation and practice, building, rescinding proceeding
PDF Full Text Request
Related items