On The Application Of Re - Arbitration System

The re-arbitration is an important relief system which prescribes to make up the ruling flaws in the procedure of setting aside of the arbitral award, it is also one way to supervise the arbitration in a broad sense. The re-arbitration was created as way to give chances to arbitration court to make up the ruling flaws, reduce the possibility of the arbitrament being revoked by the court, follow the original intentions of the parties to choose arbitration to settle disputes, and to maintain the authority of the one arbitration as a final of the arbitration award and the public trust of arbitration system. Although our country has established a system of arbitration, the current arbitration legislation is too abstract and general to the rules of the re-arbitration, and in the judicial practice, it is not easy to be applied due to the lack of specific program specification. Concretely speaking, there are many problems existing in the re-arbitration system, such as the trial subject of the re-arbitration is not clear and definite, the scope of the application of the re-arbitration is too narrow, the relationship between the re-arbitration arbitrament and the arbitral award previously issued is not definite. This series of problems has seriously affected the function of the system, it not only cost the time, energy, money input by different principal parts, but also caused a great waste of social resources. Therefore, to fully play the advantages of the system, we should find out the crucial reason of the system. Based on this, the article analyzed from the reality of our re-arbitration system, researched and dissected due to the scope of the application of the concrete program, and then put forward to establish the priority of the application of the re-arbitration system, expanded the scope of application of the re-arbitration, straightened out the concrete program and related suggestions of the re-arbitration, thus further improved the application of our re-arbitration system in the judicial practice.