The System Of Sent-Back Re-Arbitration In International Business Arbitration

With the highly development of internationalbusiness transaction, arbitration plays an important role in such commercialactivities. However, the legislative of the International CommercialArbitration is not perfect yet. In China, there is only a general provision regardingsent-back re-arbitration, instead of an established system.Sent-back re-arbitration ininternational society is also far from perfection. According to theinformation collected by the author, no country in the world has establish such systemseparately, but only to make some regulation referring to the provision of arbitrationrevocation. Considering that the sent-back re-arbitration is of great significance ininternational commercial arbitration, it should be seriously recognized and studied.sent-back re-arbitration is such a judicial supervision system that based on respectand consideration of arbitral independence and autonomy of the parties. Arbitrationhas to rely on the judicial support, and the because the arbitration must relyon judicial protection, completely free of judicial oversight is notpossible, but limited judicial supervision, and support for arbitration in the moderninternationaldevelopment of commercial arbitration is necessary, therefore sent backto re-cut the establishment of the system is particularly important. Played ansignificant role in dispute resolution of modern society, the system of sent-backre-arbitration could avoid defect and error, and a perfect balance between theprotection of the rights of parties and guarantee of arbitration independence can beachieved by it. This article analysis the relationship between the court and arbitrationthrough dissecting the nature of arbitration, meanwhile the documents regarding thesystem of sent-back re-arbitration in countries and UNCITRAL Model Law onInternational Commercial Arbitration are also carefully examined. A recommendationof constructing the system of sent-back re-arbitration in China is proposed based onanalysis above. This article is divided into five parts. The first part focuseson exploring the necessity of the court in the judicial supervision of internationalcommercial arbitration, for the purpose of further discussion of sent-backre-arbitration as a method of judicial supervision of arbitration award. Related judicialremedies are introduced in this part. The second part studies theoretical problems ofthe sent-back re-arbitration system, for instance,its theoretical basis, concept, application and value. The third part compares regulations about sent-backre-arbitration in the UNCITRAL Model Law on International Commercial Arbitrationand other countries, such as United Kingdom, the USA and German for a further study.The fourth Part summarizes the theories and legislation of the system of sent-backre-arbitration, concludes the problem in the construction of such system in China, andproposes recommendations. The fifth part makes comprehensive summary of thisarticle.