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Our Arbitration Supervising System

Posted on:2012-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:L L LiuFull Text:PDF
GTID:2216330371451119Subject:Law
Abstract/Summary:PDF Full Text Request
Arbitration is regarded equally with litigation as "the second choice" to settle disputes since it has the advantages, such as the litigant's will autonomy, convenient and efficient, commercial confidential and a final cut for arbitration, etc. which is playing an increasingly important role in our society. Yet as non-state organ, when arbitration handles the disputes between the parties, it will be bound by state organs. So many countries and international organizations formulate the relevant laws to supervise arbitration.This paper starts with the necessity of the arbitration supervision, then elaborates that the features of arbitration system, the requirement to protect the legal benefit of litigants, the requirement to keep the balance between efficiency and fairness demand for arbitration to supervise arbitration, therefore, it is necessary to establish the arbitration supervision mechanism. The arbitration supervision of our country is divided into domestic arbitration supervision and foreign arbitration supervision, double-track system.Domestic arbitration supervision has more diversified forms, mainly including litigant supervision, internal supervision of arbitration commission, industry supervision and judicial supervision. Judicial supervision to arbitration award adopts double-track system, that is, to review procedure and entity of the domestic arbitration, yet only to review the procedure of foreign arbitration.Our arbitration law also set up double-track supervision mechanisms:the withdrawal of the arbitration award and refuses to execute arbitration award. These two judicial supervision systems co-exist and have achieved certain results in practice, but there are also some problems. This article will explain one by one. Starting from our existing supervision system, according to the current arbitration supervision problems, combining with the practice, aiming to promote the healthy development of arbitration system and to improve commercial use of arbitration, I will put forward my suggestions.
Keywords/Search Tags:arbitration, supervision, arbitrating institution, withdrawal of arbitration award, refuse to execute the awards
PDF Full Text Request
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