Discussions On The Judicial Supervision On Commercial Arbitration Awards

As one of the ways of resolving disputes outside the litigation, CommercialArbitration has the characteristics of the economy, rapid, confidentiality, and becompared to the proceedings, arbitration proceedings reflects litigant meaningautonomy."Civil Procedure Law","Arbitration Law" and relevant judicialinterpretations, specifies the mode and manner of judicial supervision of the court thedecision of the Commercial Arbitration. The principal terms are the213,258in "CivilLaw" and58,63,70,71in "arbitration Law". Along with the promulgation of the"Arbitration Law", the judicial supervision of arbitral awards has been a vexed topicof our theoretical circles. Many scholars have expressed their academic point of view,which provide many useful insights for the improvement of the judicial supervision ofarbitral awards.When people expose the Justiciary Supervision on Arbitration or JudicialSupervision of Arbitrational Adjudications, they always confuse these two meaningsin many articles. After we clear the meaning of Judicial Supervision of ArbitrationalAdjudications, we distinguish the Justiciary Supervision on Arbitration from JudicialSupervision of Arbitrational Adjudications. At the same time, we make a briefanalysis of the theory of the necessity and the practical importance of JudicialSupervision of Arbitrational Adjudications. The current theoretical circles about Judicial Supervision of Arbitrational Adjudications can be divided into:comprehensive and unified supervision," Two-track supervision theory," dualsupervision on the amendment.The scholars, who hold " comprehensive and unified supervision " or "Two-track supervision theory ", take the trend of international legislation as the basisto support their own point of view. But both of them have the differences on bothsides of the same country with an arbitration law. So, after we have a brief evaluationof comprehensive and unified supervision" or "Two-track supervision theory, we havea particular emphasis on the practice of arbitration legislation in some countries, inorder to spy on the trend of international legislation of the judicial supervision ofarbitral awards.We analyze Judicial Supervision of Arbitrational Adjudications from a theoreticalbasis as well as legislative trends, and suggest a number of legislative proposalscombining with our current arbitration practice. We believe to cancel the distinctionbetween domestic arbitral awards and foreign arbitral awards, and harmonization ofthe relevant representation of the "Civil Procedure Law" and "Arbitration Law". In thescope of the review of arbitral awards, the distinction between procedural matters andentities matters is not necessary, appropriate supervision does not necessarily meanthat only the court only against an arbitral award on the program supervision can notbe entity supervision.