A Study On The Power Of Arbitration Tribunal

As the arbitral award is final, arbitration takes both benefit and risk to the parties. The parties place their hope for true verdict on a fair and impartial arbitration tribunal. Arbitration tribunal becomes the decisive factor of arbitration. Whether the value of arbitration can be created or not usually depends on the scope of the power of arbitration tribunal, whether the tribunal executes the power properly or not and the complete judicial supervision system. According to the regulations of the power of arbitration tribunal in many other countries, this paper studies on the contents and execution of the power and then analyzes the advantages and disadvantages about them. Finally, this paper puts forward some thinking and suggestions on perfecting the power of arbitration tribunal in our country. This paper is divided into four parts:Part one analyses the source and nature of the power of arbitration tribunal, introduces the two sources of the power and differences between the power and judicature, the power of mediation, the function and power of arbitration organizations;Part two analyses the contents of the power of arbitration tribunal, includes the Competence/Competence, the control power of arbitration tribunal for the arbitration proceeding;Part three analyses the exercise of the power of arbitration tribunal, and analyses in particular the measure of safeguard for the exercise, the improper exercise of the arbitration tribunal and the remedy of it, the barrier and supervision of creating the power;Part four puts forward some thinking and suggestions on perfecting the power of arbitration tribunal in our country.