On The Arbitration Rehearing Mechanism

As a mechanism under the frame of judicial supervision, arbitral rehearing is not newly developed. However, the 1985 UNCITRAL Model Law on International Commercial Arbitration (with amendments as adopted in 2006) suggests a brand new mechanism in its Article 34, giving the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action in the arbitral tribunal's opinion will eliminate the grounds for setting aside. The building of this mechanism bases on pro-arbitration doctrine, and it delicately strikes a balance between judicial supervision over arbitration and arbitral finality, thus making it valuable for the development and boom of commercial arbitration.The UNCITRAL Model Law reflects worldwide consensus on key aspects of international arbitration practice having been accepted by states of all regions and the different legal or economic systems of the world.1How ever, as a model law, it's provision for arbitral rehearing as other issues is not complete. This article analyzes arbitral rehearing mechanism based on the provision of UNVCITRAL Model Law, that is, only for procedural modification, not involving substantive errors.Part I reviews, analyzes and summarizes the grounds for arbitral rehearing in main western countries. Part II discusses a proper procedure for arbitral rehearing by analyzing countries'approach in resolving this issue. Partâ…¢discusses the recourse of the award rendered through arbitral rehearing. Partâ…£examines the approaches used by Chinese legislation in setting up arbitral rehearing mechanism and makes several propositions.