The Improvement Of The Judicial Supervision Over Commercial Arbitration In China

Arbitration has a long history. Because of its impartial, efficient,professional and confidential characteristics, arbitration has been attachedgreat importance. Since China's Arbitration Law took effect onSeptember 1, 1995, as a method for resolving civil and commercialdisputes, arbitration has made great progress in the country. Peoplechoose arbitration as a method for resolving disputes not only inconsideration of the authority of arbitration, but also of the impartialityand efficiency of the arbitration. To ensure the impartiality and efficiencyof arbitration, the support and supervision is needed from all aspects.The supervision over commercial arbitration is mainly internalsupervision, industry supervision and judicial supervision, of whichjudicial supervision is the most important one. Although there exists aperiod in history when justice does not intervene in arbitration, sincearbitration has transformed into a part of a country's legal system fromthe purely non-governmental dispute settlement method, arbitrationcannot be separated from the supervision of the court any more. But thiskind of supervision should be appropriate;otherwise it cannot benefit thedevelopment of the arbitration. As regards to the concept of judicialsupervision, the academic circle has two kinds of understanding-broadunderstanding and narrow understanding;This paper adopts a narrowunderstanding, considering that the judicial supervision over commercialarbitration is examination and control towards arbitration from the court,that is, the restriction over arbitration power from the judicial power, theessence of which is to solve the problems concerning the relationshipbetween the finality of the arbitration award and the judicial examinationpower.This paper focuses on judicial supervision over commercialarbitration, and is composed of four chapters as follows:Chapter 1 is the general introduction of judicial supervision overcommercial arbitration. This chapter mainly introduces the concept,historical development and necessities of the judicial supervision overcommercial arbitration. In this chapter, the author adopts a narrowunderstanding towards the concept of the judicial supervision overcommercial arbitration.Chapter 2 is the general introduction of the forms of the judicialsupervision over commercial arbitration. This chapter is divided intothree parts, which respectively introduce the legislative cases and generalpractice relating to the judicial supervision over the arbitrationjurisdiction, arbitration proceedings and arbitral awards from comparativeperspectives. As the judicial supervision over arbitral awards iscomparatively more important, the author comments a lot in this part.Chapter 3 is the general introduction of the system of the judicialsupervision over commercial arbitration. This chapter is composed ofthree parts;at first the author summarizes the legislative provisions withrespect to the judicial supervision over commercial arbitration;and thenthe author discusses the theoretical comments from the academic circleconcerning the judicial supervision over commercial arbitration, whichare mainly jurisdiction concerning the jurisdiction principles and judicialsupervision,also the two models and systems of the supervisory scope ofthe commercial arbitration;At last, the author analyzes the legislation andtheoretical comments on the judicial supervision over commercialarbitration from three aspects.Chapter 4 is about the improvement of the judicial supervision overcommercial arbitration in our country. To solve the existing problems inthe judicial supervision over commercial arbitration, the author putsforward his general ideas from four aspects, that is, the establishment ofthe principle of appropriate supervision, the reform of the currentsupervisory scope, the improvement of the system of disallowing arbitralawards and the specific design of the system of setting aside arbitralawards.