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On The System Of Judicial Supervision On Abtration

Posted on:2012-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:C W XuFull Text:PDF
GTID:2166330335988384Subject:Law
Abstract/Summary:PDF Full Text Request
China's current system of judicial supervision on arbitral awards mainly includes two ways: withdraw and not to execute the arbitral awards ; in both judicial supervision ways, there is a review of such as evidence and application of the law:whether it's accurate or not; such entities supervision in both two ways, cause many problems and adverse effects in China's system of judicial supervision on arbitration. In addition, there are many differences btween the general arbitration and foreign-related arbitration supervision and it is possible that the above two ways exist in the same award ,bringing a lot of judicial practice problems. In judicial practice, both general and foreign-related arbitration awards are fewlly decided not to be withdralled or executed by the courts, and there are less because of substantive issues. From our present point of view, the quality of the arbitrator, although not yet fully reached a high degree of specialization, but to the existing arbitration practice, its overall quality has basically adaptted to the needs of arbitration practice in our country; to rationalize the relationship between the Court and the arbitration, and avoid any circumstance's happening to undermine the credibility of abtration,the Judicial supervision system really needs to be reformed.Besides, on the relationship between the arbitration and the court, the international arbitration practice underwent a course from complete non-intervention into comprehensive intervention,and then to the current moderate intervention. From the view of relevant laws and regulations in most countries abroad, the basic principle of pure procedure intervention has been established in the judicial practice of many countries;compared with them China's current system of judicial supervision on arbitration still has some gaps, so the reform of China's judicial supervision on arbitration is also necessary. Moreover, there is a lot of vacuum in our current system of judicial supervision on arbitration, in urgent need of filling.Therefore, from the view of both the theory and judicial practice,the reform of judicial supervision on arbitration is imperative.This article introduces China's current ystem of judicial supervision on arbitration ,then analyse the problems of the system and its adverse effects, followed by the causes of the existing problem from the following four views:the concept of justice, the setting up of judicial system, the relationship between the court and the arbitration and designing features system for arbitration, and finally to improve the judicial System of supervision on arbitration from the following point:th concept, designing characteristic arbitration system, defining the scope of judicial oversight, improving the quality of judges and judicial oversight team ,and so on.Wish this can be useful to improve the system.
Keywords/Search Tags:Arbitration award, Withdrawal and non-executive, Judicial supervision
PDF Full Text Request
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