On The Commercial Arbitration Ruling Of Judicial Supervision And Its Perfect

Civil and commercial arbitration which is based on its convenience and other advantages of rapid economic development in the world today, has become an important way to ease the litigation explosion and to deal with the dispute,. However, as China's arbitration system is completely draw on the foreign experiences, there will inevitably arise a variety of problems combined with Chinese judicial system. The finality of arbitration decide the independence and close, and the independence of the arbitrator in the arbitration process coupled with the existence of difficulty to overcome the weakness as a human being, making the outcome of arbitration can not be completely ruled out wrong case. Therefore, in order to ensure to fairly deal with cases of arbitration, national arbitration legislation and civil legislation, all have the system of judicial supervision of arbitral awards. As all the countries are different with the political, economic, cultural, national conditions and other factors, there are many differences in the extent and scope of both the existence when the Courts have judicial review of arbitral awards manner. However, how to balance the rights and autonomy of arbitration, the arbitral award substantive justice and procedural efficient when the Court has its judicial review of the award, many countries are taking the same attitude - "Moderation". I had interned in China International Economic and Trade Arbitration Commission (hereinafter referred to as "CIETAC") in a long time, and I think the problem in the theory and practice are of great importance, therefore I choose this issue as I graduate thesis to be a deeper level explored.Full-text is divided into four chapters. The first chapter are expounded the judicial supervision of arbitral awards from our concept, characteristics and the legal basis of it. Chapter II are expounded the importance from the relationship between arbitration and litigation from the historical development to make sure the need for judicial supervision. Chapter III analysis the Chinese status quo of current system of judicial supervision of arbitral awards from our current way of judicial supervision, models a concrete. Chapter IV firstly analyzes the problems of Chinese current arbitration award judicial supervision, and then analyzes its causes, finally it gives relevant solutions and improve measures for a variety of issues.Through the research, I believe that the courts for civil and commercial arbitration awards should be kept in a relatively relaxed attitude towards the examination and supervision. The supervision should be strictly limited in scope, and it will give the autonomy of the arbitral tribunal. In particular, it should abandon the "review of substantive matters" of the arbitral award and use the "procedural matters" on domestic and foreign-related arbitration cases fairly. Then we could improve related laws and regulations to ensure that the arbitration system in Chinese sustainable development, in order to have the contribution to China's economic development.