| In the field of international business transaction and maritime affairs, for the possible disputes and the raised disputes, more and more parties of the commercial transaction are willing to choose arbitration as a way of dispute settlement. Since 1980s, the international commercial arbitration has developed dramatically and entered into an industrialization era.Although the international commercial arbitration system in China developed a little bit later, a great success has been obtained in the field of the commercial arbitration involving a foreign element in recent years. Due to the civilian nature of the arbitration, the arbitration can not survive without the support, examination and supervision of the courts. How to exercise the judicial examination power for the international commercial arbitration becomes very important content of civil- commercial trial involving a foreign element.This paper focus upon discussing the relevant issues on the judicial examination for the international commercial arbitration in following aspects: the necessity of the judicial examination for the international commercial arbitrations, handling the degree of judicial interference; judicial examination for the validity of the international commercial arbitration agreements, judicial repeal of the international commercial arbitral awards, judicial refusal to enforcement of the international commercial arbitral awards.The purpose of this paper is to make the equivocal understanding of the trial clear in practice, and help the judges understanding the laws better, andguide the trial practice, so as to support the development of the international commercial arbitration. |
