The People's Court, A Number Of Issues Involved In Arbitration Cases Studied

Taking the case of arbitration-related problems tried by people' s court as its research subject, this paper discusses some problems remaining in the hearing of cases by people' s court on the basis of analyzing the relationship between the people' s court and the arbitral agency, and puts forward the legal problems to be perfected in the support and supervision of people' s court for and over arbitral agency. This paper is of three parts with their main contents as follows:The first part is about the relationship between the people' s court and the arbitral agency, which analyzes and compares the functions of court and arbitral tribunal in the process of settling disputes, determining that the relationship between them is support and supervision. This part covers three aspects, of which the first aspect analyzes and compares the source of disputes settling rights, the difference of ability to settle disputes and difference of procedures and systems between them; the second aspect describes some items of arbitral agency that need support from people' s court, for example: conservation of evidence, attachment and the execution of award; and thirdly it discusses the recognition and range of judicial supervision over arbitration.The second part introduces some problems of hearing of arbitration-related cases in China' s trial practice, mainly including: court' s confirmation on effectiveness of arbitral agreement, the discharge and inexecution of arbitral award, the discharge procedure of people' s court on arbitral award and re-award of the discharge procedure of arbitral award. In this part, the first aspect introduces some situations of confirming the effectiveness of arbitral agreement, the jurisdiction on confirmation of the effectiveness of arbitral agreement, the procedure of court on examining the effectiveness of arbitral agreement and the problems remaining in adopting clause of our ArbitralAct; the second aspect compares the discharge of arbitration and inexecution of arbitral award in judicial supervision, explaining the legal situation of the discharge of arbitration and inexecution of arbitral award, and advancing the viewpoint of "the discharge procedure of arbitral award is the remediation of the party' s legal rights" ; the third aspect advances its point of view directing at the procedure of arbitral supervision, e. g: party should apply for the application of arbitration in a certain period, after examination people' s court should accept and give award according to the law in the legal period and; the fourth aspect mainly introduces the re-award of the discharge procedure of arbitral award, focusing on the statement of relationship between re-award and the discharge of arbitral award, the re-award condition and the subject and range of re-award.The third part discusses the perfecting problems about the support and supervision procedure of people' s court on arbitral award. Through analysis on the aim of the support and supervision of people' s court on arbitration, it produces the problems and suggestions remaining in the support and supervision over arbitration. In the first aspect, it analyzes the aim and necessity of setting up support and supervision procedures on arbitration; in the second, it advances some problems and suggestions about conservation of evidence and attachment in arbitration; and in the third, it puts forward the suggestions that it be a must to normalize the supervision mechanism of people' s court on arbitral award, holding that the legislature, at legislation, shall re-distinguish the content of legal supervision of people' s court on arbitral award and the procedures that people' s court depends on when trying the arbitration- related cases.