On Judicial Supervision Of Setting-aside Arbitral Awards In China

Judicial supervision of setting-aside arbitral awards plays a center role in judicialsupervision system of arbitration, through which to balance and harmonize the arbitralefficiency as well as the judicial fair. As one of the most important step in judicialsupervision, setting-aside procedural legislation discloses the leading policy of thecountry and the local arbitral environment. The set-aside supervision was establishedby the Arbitration Law of PRC, effective as from September 1,1995, in China.According to the Arbitration Law of PRC, the set-aside supervision adopts thedifferent standard over foreign-related award and domestic award, which is called'Double-standard system'. In judicial practice, the obvious defect of this principledregulation appears day by day. The experts of arbitration law debated drastically onthe problem of 'how to exercise the authority of judicial supervise over arbitralaward'. The results of the above debates also improved the judicial legislation andguided court practices.This article will analyze the problem from theory, legislation and practice. Commentswill be made towards Chinese legislation on set-aside aforesaid and the preliminarysuggestions on relevant regulation of Arbitration Law in China. This article composedof four chapters.Chapterâ… is the general introduction on legal theory of arbitral award setting-aside,with emphasis on the foundation and the development of set-aside legislation in worldwide. Chapterâ…¡concerns the procedure of setting-aside arbitral awards. Toovercome the influence of traditional legal culture, we should put more attention onprocedural stipulation than substantial ones. Chapterâ…¢focuses on the supervisoryscope of setting-aside arbitral awards. It will introduce the regulations on theabove-mentioned topic according to PRC Arbitration Law and judicial explanation,and then provide the comments on Chinese court's practice. Chapterâ…£mainlyanalyzes the result and relief of judicial supervision on setting-aside arbitral awards,especially compare with international advanced legislative experience to the concreteregulation of remission, and put highlights on it.