Perfection Of China 's Re - Arbitration System

Re-arbitration is a part of the judicial supervision system of arbitration. The meaning of re-arbitration is that it is a self-relief of an arbitral award with procedural defect 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. Specifically, including the subject of re-arbitration is undefined, the scope is too narrow, judicial review of domestic awards and foreign standards are different, time limit for re-arbitration is not clear. This series of problems have seriously affected the function of the system, not only cost the parties involved in the time, energy, money and other costs, but also caused a great waste of social resources. Therefore, in order to give full play to the advantages of the system of re arbitration, we should first find out the crux of the system.This paper firstly analyzes the status in practice of the re-arbitration system of our country, statistics the cases in recent years at home and abroad. It will point out the problems in our current system by analyzing the following factors: the frequency of re-arbitration application in practice, the status of the implementation of re arbitration, the reason which the court set a reward. Secondly, based on the analysis of the value of re-arbitration system, it should put the value of efficiency in first place and giving consideration to fair, respecting the freedom. Finally, by drawing the experience of the system of foreign countries, it points out that the advanced experience for reference: ensure the priority of re-arbitration is applied, review the domestic award and foreign award with unified standard, limit the judicial review within the proceeding maters, and clarify the details in the re-arbitration process. In this way, the re-arbitration system will be more efficient in the practice in China.