Judicial Supervise Over International Arbitration Awards

The Commercial Arbitration originate from the early merchandiser society,taking advantage of its characteristics of conveniency, effectiveness,confidentiality, the arbitration has become more and more important inthe field of international transaction. However, as a method ofresolving disputes, the relationship between arbitration and judicialkeep attracting eyes. Generally speaking, such relationship include bothsupport and supervise, especially in describing the role of judicial inthe procedure of arbitration award enforcement. In principle, all modernlaws and conventions has acknowledged the enforceability and resjudicita of a qualified international arbitration award, but meanwhileconfirm the possibility of judicial review over the awards. Such systemusually bases on domestic laws, so as to the detail measure and scopeare different country to country. This dissertation intend to discuss ona proper system structure which is best for the development ofarbitration as well as ensure the equity in dispute resolution. Thinsdissertation begin with the judicial review over the arbitration awards,observing the practice of supervision on arbitration awards throughjudicial support and intervene, discuss the theory basis of the judicialsupervision, analyze the existing supervision pattern, hope to do some active contribution in perfecting the judicial supervision system overinternational arbitration awards in our country.This dissertation divided four chapters altogether without the preface.Chapter I introduce the theory basis of the judicial supervision overinternational arbitration awards. Firstly clarify the definition andscope of the awards under the supervision; further discuss the characterof arbitration and the relationship between it and judicature. Inauthor's opinion, it is the bi-character of contractual and judicialthat form the basis and theory of judicial review over arbitrationawards.Chapter II introduce the different theories in the judicial reviewingscope. Discuss on the advantages and disadvantages of the substantialsupervision and the procedural supervision respectively, than furtherdiscuss about another theory of proper supervision, analyze itsrationality and benefit, as well as the detail requirements in practice.Chapter III analyze the remedies which the court could adopt towards thearbitration awards from the view of judicial supervision measure.Introduce the two measures of set aside and refuse to enforce, as wellas any other possible consequent procedure after the awards are denied.There are two main systems named set aside and refuse to enforce as themeasures of judicial supervision, the different in every law system isthat if the refuse to enforce is used as the measure to supervise thearbitration or only deemed as a enforce permit procedure. Introduce therequirements in determine to set aside and refuse to enforce as well asthe competent court which eligible to make such decision. Also introduce the system of re-arbitration.Chapter IV focus on the legislation and policy regarding judicialsupervision over arbitration awards in our country. The relevantregulations are mainly stipulated in the Civil Procedure Law of the PRCand the Arbitration Law of the PRC. The existing laws in our country arebasically comply with the international legislations and tendency,however, some problems are still needed to be pay attention to: thedifferent standards in reviewing the internal arbitration awards and theinternational arbitrational awards; the inconsistency of public policystatement caused by the legislated defect; the re-arbitration system islack of feasibility; and the special report system of the awardssupervision, which is of both advantages and disadvantages, such systemis eager to be optimized in order to fit the new environment we facingnow.