The Research On The Theory Of Judicial Supervision Over International Commercial Arbitration

The arbitration is one kind of institution form that solves the dispute outside the jurisdiction. The dispute litigants reach the agreement in the voluntary foundation, then submit the dispute to the third party of the non- judicial organization to try, and makes the ruling which has the binding force to disputed all quarters. Today, the world economics are globalization. The international commercial arbitration which is a commonly used way solving the international dispute by its quickness, flexibility, security, autonomy and so on the characteristics has won the litigant's universal favor, and obtained the considerable development in the international society.With the arbitration develops into the important system solving the dispute between the litigants which parallels with the lawsuit, arbitration is inevitably brought into the line of the national legal system in the society governing by law, and through the country judicial organ's supervision to guarantee the judicial judgment not to surpass the legal scope, then overcome the flaws which arbitration system itself exists, thus fully display the superiorities of arbitration system. Just like the scholar has said, "because the arbitration is a legal conflict rescue mechanism of folk nature in the traditional law of principle, this has made it facing supervision of the court which exercises the judicial authority on behalf of the country from the date it produced."Looking fundamentally, just the nature of international commercial arbitration decides the necessity of the existence of judicial supervision. The characteristic of arbitration system and the pursuit of value are also the important reason why the judicial supervision exists. The judicial supervision of international commercial arbitration has become into an indispensable part of the arbitration law system and exists generally in the various countries' legislations and the international joint pledges. How regards the function of the court jurisdiction in the arbitration? What on earth and in what kind of degree is the domestic court's judicial supervision over international commercial arbitration necessity? These are questions...