Explore In Supervisory Jurisdiction On The Award Of Commercial Arbitration

In 1994, China officially promulgated the Arbitration Law of the People's Republic of China (hereinafter referred to as "Arbitration Law"). In the previous time, arbitration in China was under many government authorities and was a kind of administration action with disputes solved mainly by authority and power. The Arbitration Law helps us incorporate arbitration into a law system. Meanwhile, various arbitration regulations and rules are also perfected persistently. But due to the limitation of time, there are still many parts necessary for further discussion and research. For example, as an important part of the justice supervision on the commercial arbitration, the court supervision is one of such unavoidable controversial questions. It is not casual that arbitration is widely applied in the commercial business activities as a kind of dispute solution beside the lawsuit. It is fast and convenient in settling deputes which can well satisfy the businessmen's requirements for time and efficiency and this is particularly obvious in its system of a single and final award. But after the arbitration court selected by the involved parties makes a final and binding arbitration, due to various reasons, the unsuccessful party usually will not actively carry out the obligations made by the arbitration court which however could not exist any more as its task is completed. Meanwhile the arbitration authority itself has no power to enforce the implementation of the arbitration award. At this point, it is necessary for the winning party to apply to the Court for its interference. However it is impossible for the Court to enforce any award made by other authorities groundlessly without any bases. Then it comes to a serial of questions: what kind of negativity power does the Court have on the arbitration award? What kind of bases can the Court reply on to take corresponding measures against the award? Within which scope shall the Court's supervision be limited? etc. In this article, it discusses the need of the justice supervision on the arbitration award, law-making of arbitration justice supervision of international conventions and foreign courts, law-making and implementation of China commercial arbitration justice supervision and puts forward some supervision mechanism advices regarding the problems existing in the current justice supervision, etc.The writer considers that the judicial authority should adopt a more tolerant attitude to the arbitration award supervision, take procedure supervision as a principle, execute public order exceptional supervision mode, and unify the standard of domestic and international arbitration supervision. The writer also suggests that we should perfect "Arbitration Law" on this foundation, to make an arbitration law which not only could adapt to China' s economic life, but also could combine with the international trend; to accelerate the speed of economic growth in China.