Judicial Supervision Over International Commercial Arbitration

Arbitration, is often perceived, rightly or wrongly, as being cheaper and less timeconsuming than court proceeding and plays an irreplaceable role in the settlement ofcivil and commercial disputes. But at the same time, we also need to play greatemphasis on the pursuit of fairness, which is where the pursuit notary value of anydispute resolution. Therefore, when we use party autonomy, the court still have thejurisdiction over the arbitration "where there is a relief,there is a right " proceduralrights of the arbitration the parties must have the appropriate relief mechanismcorresponds to in order to ensure the proper exercise of arbitration the parties enjoyeda series of procedural rights. Arbitration procedures for judicial review are thus theborn as a right to relief mechanism.In practice, when we meet arbitration cases, the first thing we need to do is toconfirm the validity of the arbitration contract. If one party wants to settle the disputeby arbitration and file the dispute with the arbitration body, we must ensure that thearbitration agreement is valid. If there is no arbitration agreement, the arbitration bodywill not accept a case, That is, if the parties reach an arbitration agreement, thedirection the court, the court or will not be accepted, if accepted, if the other partyrequests that the court will reject the suit, the parties submitted to arbitration.The paper is named as " Judicial Supervision over International CommercialArbitration--validity of the direction of the title, it is analyzed according to the time of the arbitration procedure, intend to analyze all the major issues about judicialsupervision over international commercial arbitration, and try utmost to cover everyfield of the topic, and make a comprehensive analysis of the oversight of theeffectiveness of international commercial arbitration agreements.The paper is divided into four parts, the first part focuses on the need for judicialsupervision of the International Commercial Arbitration, and it recognized thenecessity of the validity of arbitration agreement and arbitration agreement. Thesecond part is to analyze the effectiveness of the arbitration agreement; the whole partis divided into three stages, before the start of the arbitration proceedings, thearbitration proceedings, after being as well as the award is made, the recognition andenforcement of the three stages, the court’s supervision for the validity of anarbitration agreement. Before the start of the arbitration proceedings, the ArbitrationCommission and the courts recognized the scope of conflict, how to recognize thevalidity of the arbitration agreement flaws contracted for its effectiveness. After thestart of the arbitration proceedings, the parties to challenge the validity of anarbitration agreement, the court or the arbitration tribunal need to review the Validityof the arbitration agreement. The arbitration award needed to be made for substantiveexamination procedures. The third section discusses the remedies; the court held thatthe arbitration agreement is invalid if there whether the parties can appeal. The fourthpart of our current problems, our country is too strict standards for recognized theeffectiveness of the arbitration agreement, the scope of the arbitral tribunal and thecourt finds that the arbitration agreement there is a conflict, due to the three-tierreporting system of the Supreme People’s Court is an internal document, has nobinding force on other body, there is no formal provisions of the Supreme People’sCourt, so I propose to set up an appeal system to protect the legitimate rights andinterests of the parties.