On The Judicial Review Of International Commercial Arbitral

The main idea of this thesis is the judicial review on international commercial arbitration in the trial practice of Chinese courts, learning from the rules and regulations of other countries in this field. The author puts forward opinions on court proceedings, the establishment of trial system and hot issues in practice.They are discussed in the following five parts.The first part is the definition of international commercial arbitration, explaining "international" and " commercial" in details. Since the definitions of foreign arbitral awards and arbitral awards concerning foreign interests are imperfect in China, the author defines them according to territory. The arbitral awards made in foreign countries are regarded as foreign arbitral awards, and arbitral awards made in China are called arbitral awards concerning foreign interests. What's more, the nationality of commercial arbitral award is decided by territory and the thesis also suggests ways how to decide the nationality. There are different types of international commercial arbitration in China and five basic principles on it, such as the principle of only procedural examination.The thesis discusses and analyzes the problems of Chinese court procedure in the second part. It mentions the imperfect in Chinese court procedure and methods to perfect it. The thesis constructs the court procedure with a appellate system that the second instance is the final instance mostly and the third instance as the final instance sometimes.The third part tells that an arbitration agreement shall exist independently. Any changes to, rescission, termination , invalidity, etc. of the contract shall not affect the validity of the arbitration agreement. Therefore, the master contract and the arbitration clause in it are independent. It's different between the entity laws or the procedural laws used to settle contract disputes and the laws used to settle arbitration agreement disputes. The laws used to settle arbitration agreement disputes include the personal laws of parties concerned, the laws chosen by parties concerned, the laws in arbitration area, the most closely linked laws, and so on.The next part is that the procedural laws of international commercial arbitration are independent, and they are different from the entity laws of international commercial arbitration. Therefore, the procedural laws shall be interpreted broadly. The two principles to decide the procedural laws in practice are the arbitration procedural laws chosen by parties concerned and the arbitration procedural laws used in arbitration territory, and they are explained in details.The fifth part is about the examination scope of arbitral awards concerning foreign interests and foreign arbitral awards.For arbitral awards concerning foreign interests, the examination laws are Chinese laws,especially Civil Procedure Law of the People's Republic of China, Article 260 and Arbitration Law of the People's Republic of China, Article 70. For foreign arbitral awards, the examination laws are such as international agreements, reciprocal principle, or Chinese laws. The thesis analyzes Convention on the Recognition and Enforcement of Foreign Arbitral Awards(New York Convention ) in details and interprets Chinese public policy with the author's trial practice.