Discussions On Theory And Practice Of Judicial Supervision On Arbitral Award

As one of the means to solve a dispute between two or more parties,arbitration is favoured and frequently used by people in both civil and internationl commecial life because it has many specialities such as economy,secrecy and so on. Compared with the other Alternative Dispute Settlements,it is the biggest advantadge that the arbitral award can be enforced by the court and this is exactly what the parties most expected. In this process,the judical supervision is needed.Nowadays , no system can not be adjusted by the law.And so is arbitration. Exactly because of the above specialities of arbitration,it must be supervisied by a court which is the only agency to have the right of justice. The judical supervision includes supervision of the jurisdictional right of an arbitral court and supervision of an arbitral award. Main discussions focus on the latter.First , this text proceedes the research to the arbitral kind. Undoubtedly, the arbitral kind will affect the rationality of the exist of the system that the court has the right to supervise an arbitral award, and affect which means the court should choose and how much scope the court has the right when dealing with a case.Proceeding the research to the arbitral kind is the premise and foundation of studying the whole system .There is four kinds of standpoints that are widely accepted by people.They are Contractual Theory, Jurisdictional Theory, Autonomous Theory and Mixed or Hyrid Theory. As far as the writer is concerned,the writer squint towards the Mixed or Hyrid Theory,but it is Autonomous...