Discussion On Moderate Judicial Review Of Foreign Arbitral Awards Of Commerce

There are five chapters in this paper. The first chapter defines the concept and the nature of foreign commercial arbitration, and the concept of foreign commercial arbitral awards and the criteria for judging foreign commercial arbitral awards, and made a brief description of the sorts of foreign commercial arbitral awards. The purpose of this chapter is to make a general instruction about the issue in this paper.Chapter II expounds legal basis of judicial review of foreign commercial arbitration awards. Judicial review before recognition and enforcement of foreign awards is very important. Judicial review includes review of the philosophical basis, legal basis and practical basis.Chapter HI is the focus of this paper. I presented my viewpoint: theory of moderate review. What principle of review should Court adhere to when they review foreign judicial? The domestic scholars presented theory of procedural review and theory of comprehensive review. But I think both theories have their limitations, and therefore I put forward the theory of moderate review. In this part, I highlighted the concept of moderate judicial review of foreign arbitral awards of commerce, and the basis of moderate review on foreign arbitral awards, and the practice and law stipulation about moderate judicial review of foreign arbitral awards of commerce in other nations.Chapter 4 is the core part of this paper. I focus on the scope and ways of...