The Research Of Judicial Supervision Of International Commercial Arbitration

In global marketing economy, arbitration was favored by economic subjects due to its characteristics of autonomy, convenience and efficiency in civil commercial tangle settlement. Especially in international commercial field, commercial subjects prefer arbitration than litigation because of the unity of international commercial regulations. International awards were enforced easier than before after New York treaty approved. Therefore, arbitration becomes the first choice of commercial subjects. In order to prevent the abuse of national power, the court needs to supervise arbitration. But the supervision can't be the obstacle of the independence of arbitration. So the supervision system of arbitration is an important issue related not only to protect arbitration awards enforcement but also to support the independence of arbitration. There is important sense in researching the system.If we want to build rational judicial supervision system, recognizing the essence of arbitration is necessary. There are four main theory on it-Jurisdictional theory; theory of contract; mixed theory and autonomous theory. Scholars limits on pure theoretic discuss and neglect the aims and senses of the discussion when they probe into the problem. So author reckons that contract is the fundamental character of arbitration. It directs how to build a logical judicial supervision system. At the same time, other theories such as judicial theory also have effect on recognizing the necessity and rationality of the supervision. When we discuss the essence of arbitration, we can't give an answer yes or no simple to these theories, but to focus on the direction of them to practice.Arbitral review should be defined a wider scope. It includes not only awards supervision after arbitration, but also before and in the process of it. Both of the latest indicate the supporting of the court more., including assisting the construction of arbitral tribunal; collecting evidences and property detain. All these procedures are different in legislation of arbitration law of nations and international treaties. Researching these regulations are helpful to the legislation of our country.The awards supervision is the core of arbitration judicial supervision. It reflects the support and inspiration of the country, moreover, controlling and overseeing. So when we supervise arbitral awards, we should take care of the boundary of the supervision, protect the enforcement of the awards and not intervene the independence of arbitration, especially in our country.