Aside An Arbitral Award System Research

Arbitration in Civil and Commercial Matters is an important settlement of disputes mechanism to apply to a market economy needs diversification outside civil procedure. Arbitration is the core of party autonomy; there are irreplaceable advantages on fair and efficient settlement of disputes in civil and commercial matters, the protection of the legitimate rights and interests of the parties. However, arbitration is not a fully independent, "free objects", to a certain extent bound by the courts but also the need for the implementation of the court "review" and "control" that is, judicial supervision. Arbitration quite extensive judicial supervision, revocation of an arbitral award system is an important component.Judicial supervision of arbitration as a result of the relevant theory for the revocation of an arbitral award of the legislation and practice system provides a solid theoretical support, therefore, the removal of an arbitral award in a specific system, the need for judicial supervision of arbitration of disputes related to the theory do to sort out. Disputes related to the theory there are two issues of paramount importance; judicial supervision of arbitration determines the orientation, also affect the revocation of an arbitral award of the construction and improvement of the system: First, the arbitration is the overall supervision of the supervision or oversight procedures? Second, the domestic arbitration and foreign arbitration is to take the "dual track" or "single-track system"? The relevant theoretical research results show that the judicial oversight of domestic arbitration and international arbitration into the same mode of judicial supervision--judicial supervision on procedures, and domestic arbitration and international arbitration review of the uniform application of the provisions of public order, to accord with the modern rule of law and conform to the international development trend.Revocation of an arbitral award system means that the application by the parties, the court belonging to the law can be revoked with the arbitral award where the system be revoked. Revocation of an arbitral award on the nature of the appeal, in theory, there are three main ideas: the story paid, confirmed the story to tell, and formation. In fact, the revocation of an arbitral award of v. In addition to the formation of procedural law on the revocation of the effect of v, there is also an important legal effect is to change the legal relationship between the entities, procedural law on the formation of both the litigation and the substantive law on the formation of the characteristics of the litigation. Therefore, the revocation of an arbitral award has the appeal proceedings on the appeal form and the formation of entities on the nature of the appeal, the legislature should establish the lawsuit type--"withdrawal of the appeal of arbitral awards". Arbitration award will be withdrawn into the case "v." area, the only way to enjoy the parties to make the main body as a civil dispute to the courts and the evidence can start proceedings in the litigation of the structure in the dominant position of the parties and litigation rights can be fully protected.Visit other countries in the world of arbitration law or civil law, can be found in most countries the legal system of the revocation of an arbitral award has specific requirements, and revocation of an arbitral award from the establishment and development of the system, the progressive development of the system in the process of in their preference for the specific content of international treaties and the relevant provisions of the standards into line. At the same time, the majority of national legislation and relevant international conventions will be brought to the courts for judicial supervision of arbitral awards of reasons, limited to a very narrow range, and the major review of procedures, to minimize the Court's supervision of the arbitral award and intervention to support the use of arbitration and development. For example, the United States, France, Japan and other countries provided for the case of revocation of an arbitral award focused on the lack of an arbitration agreement, arbitration proceedings improper reasons for the arbitral award is not attached, etc., were not involved in the arbitral award that applies to the facts and legal aspects of the error. Even the revocation of the British system of arbitral awards, including the review of legal issues, but also procedures strictly limited shows to encourage arbitration, the tendency in support of arbitration. The development trend of the overall system performance to weaken judicial supervision of the court to expand the powers of the arbitral tribunal, the Court of Arbitration emphasized that the support and the independence of arbitration and at the same time, the contents of the supervision of the contents of the review by the entities towards procedural issues and relating to the review of social and public interests.Because of our long-term impact by executive-led government, the concept of party autonomy has not been effectively carried out, therefore, according to China's Arbitration Law and the Code of Civil Procedure provides that the court revoked the case of arbitral awards to take on domestic and foreign-related award the "dual track" review mode. Provisions on legal grounds for revocation of an arbitral award, the embodiment of a moderate supervision but not limit the features of judicial supervision of arbitration. In addition, as a result of legislation on procedural issues related to specific provisions have been made, resulting in a lack of procedures for judicial practice norms, Led to court in cases such procedures are not uniform, the way to hear the confusion, litigation-related activities during the inconsistencies, the revocation of an arbitral award, such as lack of relief measures to the problem.Revocation of an arbitral award set up the significance of the system is to defend the legitimate rights and interests of the parties to urge fair arbitrator arbitration, arbitration at the same time to ensure that the value and role should be to ensure that the arbitral award should have the authority. Because of this, China's increasing support of arbitration, and strive to safeguard the fairness and efficiency of arbitration and to minimize the decision of the Court of Arbitration of the monitoring and intervention is, it should be perfect in the legislative system of the existing revocation of an arbitral award. First of all, should be to narrow the scope of judicial intervention to restrict the right of the court to exercise judicial review, the abolition of limited judicial review of arbitral awards in the process review and the review of the public interest. Second, to emphasize the passive nature of judicial supervision, will apply for revocation of the ruling parties of the period is 3 months from receipt of the award, the parties from the date of calculation. Third, set up scientific and reasonable proceedings. Fourth, abolish the withdrawal of foreign-related arbitral award "internal reporting system," the revocation of an arbitral award against the trial into the final two-class system of trial, an appeal against a court ruled that revocation of the arbitral award, the right to appeal a higher court.In addition, the revocation of an arbitral award and not the enforcement of arbitral awards in two of China's current arbitration mechanism for judicial oversight and arbitration law in our country and made the provisions of the Code of Civil Procedure. Study the two systems, I found that these two functions are basically the same oversight mechanisms and procedures, but in many respects between the two reasonable convergence, there is a logical contradiction and conflict to the judicial practice, brought about a series of negative consequences. Therefore, revocation and non-uniform enforcement of arbitral awards under the jurisdiction of the courts and subject to review, rationalize the revocation of an arbitral award and the rule against the enforcement of arbitral awards between the two types of monitoring methods, so that revocation of an arbitral award and not the system of coordination of the enforcement of arbitral awards operation of more practical significance.