Foreign Arbitration Award Judicial Moderate Censorship Research

Along with the international economic exchanges increasinglydevelops, as a kind of valid method, arbitration has been extensivelyapplied in solving each kind of international dispute. How to treat thefunction of the court's judicature in the arbitration, to what degree thelocal court to review the arbitration concerning foreign affairs isnecessary ,are the problems with the widespread concern of all scholarsand lawgivers all over the world. Because of the theoretical conflictionof the judicial review of the arbitration concerning the foreign affairs,there are quite a lot of problems both in the legislation and the judicialpractice in our country ,which is disadvantageous to achieve the target ofthe internationalization modernization of the arbitration career ,whichhas been set up . This article is trying to give a clear explanation of the essence of themoderation of court review of the arbitration concerning foreign affairson one hand, and on the other hand, it is trying to give advices on theneglect and improperness of the present legislation of the judicial reviewof arbitration concerning foreign affairs and wrong-doings of the judicialpractice, which can help to set up moderate judicial review system ofarbitration concerning foreign affairs and promote the development of thearbitration concerning foreign affairs in our country. The article is divided into four chapters in addition to introduction.Chapter 1, The necessity of the judicial review of arbitration concerningforeign affairs. In this chapter, the writer is analyzing the necessity of thejudicial review from the following three aspects:the nature ,limits andvalue judgments of arbitration. First, because of the contractual essenceof arbitration, the arbitration court lacks the power to insure theenforcement of the award, and to enforce the award of the arbitrationconcerning foreign affairs will affect the public order of the country. Sothe essence of the arbitration concerning foreign affairs makes itnecessary to have the judicial review of it. Second, because the award ofthe arbitration is final and biding to both parties, the mistake of the awardcannot be corrected in the arbitration procedure, which makes itnecessary to have the judicial review of the arbitration concerning theforeign affairs. Third, the court corrects the mistakes occurred during thearbitration procedure by judicial review of such arbitrations which is theessential condition and the safeguard to achieve the fair and worth targetof arbitration. Meanwhile, to satisfy rights of the parties concernedthrough the judicial review and enforcement of the court can benefit toachieve the economic goals of arbitration to some extent. Chapter 2,Appropriateness of judicial review of the arbitration concerning foreign affairs . This chapter is further analyzing to what degree the jurisdiction should review the award of the arbitration concerning foreign affairs and what the scope and depth should the review be on the basis of analysis in the first chapter. First, the writer introduces the legislative modes of various countries. Because most countries do not deny to review the procedural matters in the judicial review of the arbitration, the differences mainly lies in whether allowing the judicial review of the substantial matter. So, the writer has divided the legislative modes into three types: the mode of non-reviewing the substantial matter, the mode of reviewing the substantial matter at the discretion of the court, the mode of reviewing the substantial matter at the will of the parties of the contracts. In section 2, the writer introduces the two arguments on the judicial review of the arbitration, one of which is that the scope of the judicial review is mainly procedural and the other one is the scope of such review is overall. The first one persists that if the law allows the court to give the substantial judicial review of the arbitration, the finality of the arbitration will be undermined, and the nature of the arbitration will be changed to be a mixture of the arbitrational procedure...