On The Domestic Arbitration Award Will Not Be Executed

This thesis mainly explores the disallowed execution of a domestic arbitral award, and considers that the disallowed execution of an arbitral award is one of concrete institutions of executive procedures, and is one manners of the people's court's post supervision against arbitration, also is one right belonged to the person subjected to execution granted by law, it must be exercised strictly according to law. After exploring thoroughly legislative basis of the disallowed execution of an arbitral award, the author is inclined to hold"combination theory"on arbitration character, and considers that arbitration character is judicial and contractual. The thesis also covers the history of relation between arbitration and lawsuit in domestic and foreign countries. It is necessary for the people's court to supervise arbitration moderately. Between justice and efficiency, judicial supervision should pay more attention to the latter. After stating the law basis of the disallowed execution of the domestic arbitral award at present, the author discusses the means,steps and existent problems about the disallowed execution of an arbitral award. The invalidation of agreement on arbitration is not the legal reason for the people's court to make an order not to allow the execution. The thesis involves the remedy of a written order not to allow the execution, because it is related to the institution of the disallowed execution of an arbitral award, and thinks that the written order not to allow the execution is not appellant, and also can not be reheard. After expound the relation and distinction between cancellation and disallowed execution of an arbitral award in detail, the author states the conflict between the two supervision manners. The general trend is to abolish examining the substantiality. Of course, there should be some factual demonstration to decide whether the law be amended. Finally the author puts forward some measures and steps about the application and examination of disallowed execution of an arbitral award.