The Research Of The System Of Arbitral Judicial Supervision

Arbitration,as a means for the solution of disputes,created more earlier than suit and popularized in merchant society for years. However it was supervised by the power of nation when it developed into a law. The supervision is called arbitral judicial supervision. In histroy,excessive judicial supervision was transformed into a moderate one. In our country arbitral judicial supervision is always the core of arbitration theory and practice. There is a fierce controversy surrounding the aspects of arbitral judicial supervision,such as the time,excent,form and procedure. So the research of the system of judicial supervision theory is important when arbitral law will be amended immediately.The thesis,which base on comparation of domestic and foreign legislations ,analyzeseach academic viewpoint, analysis legal principle theory,mainly elaborated below the basic concept: (1) Judicial supervision must follows the principle that judicial supervision take legally,moderately and the popurse of judicial supervision is a support to arbitration. (2)Judicial supervision should postpone after the arbitral decision is made,reduce the nonessential intervention and maintain the independence and high efficiency of arbitration.(3) The scope of judicial supervision must be strictly limited in the public order and the procedural items, and the arbitration involves foreign affairs and arbitration in the country should be implemented unified scope.(4) cancel the supervision form denying carrying out and improve canceling and arbitration again to domestic arbitral decision, reserve the form of denying carrying out to arbitral decision concerning foreign affairs.(5) build again the procedure of judicial supervision.The whole thesis paper is composed of five chapters,content of each is introduced in brief below: Chapterâ… ,Introduction. In this chapter,the author analyzes the concept of arbitral judicial supervision,discusses the theory basis and points out the principle of arbitral judicial supervision. Chapterâ…¡,The time of arbitral judicial supervision. This chapter explores the significance of arbitrate court self decision jurisdiction and points out that in our country arbitral judicial supervision should be postponed after the arbitral decision is made. Chapterâ…¢,The scope of arbitral judicial supervision. In this chapter,the scope of arbitral judicial supervision is definited and how improve the scope of arbitral judicial supervision is proposed. Chapterâ…£,The form of arbitral judicial supervision. Based on the relationship between the two forms of arbitral judicial supervision, this chapter discusses the two forms should be canceles or no and analyzes another form of arbitral judicial supervision. Chapterâ…¤,The procedure of arbitral judicial supervision. In this chapter,the author proposes that our country should and how improve the procedure of arbitral judicial supervision.