Reserch Of Re-Arbitration Legal System

After the people's court has accepted an application for the cancellation of an arbitral award and deems it necessary for the arbitration tribunal to make a new award,it shall notify the arbitration tribunal for a new ruling within a certain limit of time and order the termination of the cancellation procedure.The meaning of re-arbitration is that it is a self-relief of an arbitral award with procedural flaw and an important method for eliminating the false in arbitration procedures,maintaining the parties' lawful rights,ensuring the realization of the parties' hope for arbitration and avoiding the bad effect leading by the arbitral awards being cancelled by court.Re-arbitration is affirmed by many countries' legislation,and adopted abroad in the field of international commercial arbitration.Arbitration Law of the People's Republic of China stipulates re-arbitration in Article 61,but it is lack for detailed provisions.The Judicial Explanations 2006 makes some explanation for re-arbitration in certain aspects;however,it is not very good.The adoption of re-arbitration in China is still in confusion.Therefore,the author here comments and analyzes the actuality,tries to amply research the amendment of re-arbitration and find out a proper procedural arrangement for it,and hopes for benefiting the development of Chinese re-arbitration legal system.The thesis begins with the basic definition of re-arbitration,in the method of collecting theory and practice,clarifies the basic legal issues in re-arbitration and gives a table of advice for the perfect of Chinese re-arbitration on the basis of analyzing the actuality.The thesis is divided into four parts: The first part is a general discussion of re-arbitration.The author explains the legal definition of re-arbitration and the difference between re-arbitration and other related concepts,analyzes some basic legal issues in re-arbitration,and discusses the legal effect of re-arbitration at last, which clearly presents what is re-arbitration.The second part focuses on the meaning of re-arbitration.The author theoretically studies the meaning of re-arbitration primarily,and on the basis of comparative research and demonstration analysis demonstrates the meaning of re-arbitration.The third part is about the actuality of Chinese re-arbitration.The author amply examines and criticizes the provisions,regulations,judicial explanations and some practical cases,and then points out the problems in Chinese re-arbitration legal system.The forth part offers some improvement advice of Chinese re-arbitration legal system.The author discusses the detailed advice at large,involving the following aspects:the circumstances for re-arbitration, the main body of re-arbitration,the hearing scope of re-arbitration,the related time limits and the expenses for re-arbitration.