Judicial Examination Of Arbitration

As the socialist market economy system has been established gradually, arbitration, which is a traditional and efficient method to solve disputes, has been applied widely for the economic life and recognized by the society. Arbitration system has been implemented relatively later in China. Arbitration system can't be developed healthily without the judicial examination of arbitration. Especially after China joins in WTO, it's more and more urgent to improve and perfect our nation's judicial examination system of arbitration.Judicial examination of arbitration is that examination for arbitration awards of court and it's a measure of correction and remedy. This thesis draws a conclusion that it's necessary to have a judicial examination for arbitration awards by analyzing both the emergence and development of judicial examination system of arbitration, philosophical basis and legal principle of judicial examination of arbitration, limitations of arbitration system itself, the non-governmentalness of the arbitration organization and requirement of social reality.To develop the arbitration system, not only we can't totally exclude court's examination, but also the court can't extremely invade and control the arbitration. The common law countries and civil law countries are both changing the scope of judicial examination into more focusing on procedural issues. Moreover, the difference about the scope of judicial examination for arbitration between civil law and common law has been more and more lesson. But our nation's judicial examination takes the model of"double track", and it includes domestic arbitration and arbitration concerning foreign affairs, the two have different standard and level of examination. The supervision on domestic arbitration is comprehensive and it includes the examination on the procedural issues as well as the substantial ones. This practice is contrary to the nature of the arbitration and is not in conformity with the international trend either. After the investigation of domestic theory disputes upon current judicial examination scope for arbitration in China, the writer agrees with the procedural examination theory of"single track", but also gives a little bit supplementary view for it. The write thinks that it's necessary to unique the difference of judicial examination on legislation and practice between domestic arbitration and arbitration concerning foreign affairs, so the integration of judicial examination for arbitration can be achieved.The core of judicial examination system for arbitration lies in setting aside the arbitral award and refusing the enforcement of the arbitral award. The writer investigates our nation's legal conditions for setting aside the domestic arbitral award and the arbitral award concerning foreign affairs, and also makes a comparison with the two legal conditions. With these investigations, the writer also introduces some procedural regulation in connection with limitation of applying for setting aside the arbitral award, the court's four kinds of decisions for setting aside the arbitral award, re-arbitration system and so on. Meanwhile, the writer makes a comparison with the two method of refusing the enforcement of the arbitral award. What's more, other countries'legal system concerning setting aside the arbitral award and refusing the enforcement of the arbitral award have also been introduced in this thesis.The writer deems that the current two ways of judicial examination for arbitration have conflict and contradictions which influences the efficiency and authority of the arbitration. To solve this problem, the setting aside of the arbitral award should be provided as the only way of examining the domestic arbitral award, while the refusal of the enforcement of the arbitral award is the only way of examining the arbitral award concerning foreign affairs. Thus the two way can fully realize their functions and effectively protect the legal rights and interests of the parties.Upon the basis of introduction and investigation above, the writer puts some thoughts and advices forward while analyzes five issues about the coordination of civil procedural law and arbitration law,"double track", re-arbitration, judicial remedy and the arbitrator's attendance at judicial examination.