On The Revocation Of Arbitral Awards

The relationship between judicature and arbitration is one of the core issues of law of arbitration of every state. As one of the means of judicial supervision, setting aside international commercial arbitral awards has been resulting in the common concern of the circles of theory and practice of each state. The legal circle has followed with interest in this issue, but lack of systematic study. This article probes into the basic problems and the validity of setting aside international commercial arbitral awards, and the remedy after it in the view of theory and practice, then concludes the trend of setting aside international commercial arbitral awards. At last the article raises some suggestion to perfect the legislation and judicature about this issue in China.This dissertation is divided into five chapters, which mainly include the following:Chapter One: brief introduction of setting aside internationalcommercial arbitral awards. This chapter probes into the concept and nature of setting aside international commercial arbitral awards, and analyzes it's existing necessity from three aspects.Chapter Two: the basic problems of setting aside international commercial arbitral awards. Based on analyzing the subject and jurisdiction of the action for setting aside an arbitral award, this chapter states the reasons for setting aside arbitral award should be limited as defect in the force of arbitration agreement; or the arbitration is against due procedure; or defect of the power of the arbitral tribunal; or the subject -matter of the dispute is not capable of settlement; or the award is in conflict with the public interest; or the existence of fraud, bribery and perjury. Then the article analyzes the implied renunciation of right of applying for setting aside an award.