On The Relief System Against Improper Judicial Decisions To Repeal Arbitration Rulings

Repealing rulings is an important way of judicial review on arbitration. A series of interpretations of the Supreme Court's have implemented a system of first instance being the final in the course of the review. This system is obviously unharmonious with such values as procedural impartiality, the right to fair trial, etc., in judicial review. The writer probed in this article into the issues about whether the parties have and how to exercise the right of relief against wrong judicial decisions of repealing arbitration rulings or refusing to do so. Firstly, he discussed the philosophical and realistic foundation of the system of relief against improper judicial decisions of repealing arbitration rulings. Then he evaluated the basic characters of the country's current system, and analyzed the conflict between and the shortage of the two legal values, i.e., fairness and efficiency, in this system. Finally, after comparing some advanced foreign models of arbitration legislation, he suggested that the country's new arbitration law should allow the parties to appeal a judgment or apply for a retrial in line with the basic principles of the two-tier trial system and the trial supervision procedure in civil litigation. Such a revision will help to balance the values of fairness and efficiency, promote the system of judicial review on arbitration and protect the lawful right of the parties.