Research On Setting-Aside International Commercial Arbitral Awards

Since the20th century, in the context of globalization, manpower, capital, materialand information in international cross-border trades flow frequently. The internationalcommercial association becomes increasingly close, that brings increasing number,increasingly diverse types and complexity of international commercial disputes. As aefficient convenient and secretive dispute solution, international commercial arbitrationwin the parties’ generally favor.International commercial arbitration is a double-edged sword for itsnongovernmental, contractual, and autonomous. While saving time and effort for theparties, it also gambled on the risk of arbitration rights abusing and injustice. The arbitralproperty decides the inevitability of the judicial supervision. Since setting-aside of awardis an absolute judicial action, it must follow the prescribed due process. This way, thejustice of parties will be more secure. At the same time, judicial supervision will promotethe development of international commercial arbitration. Setting-aside of internationalcommercial arbitration appeared on the scene, and widely accepted by more and morecountries.In People’s Republic of China, the practice of international commercial arbitrationwas originated in the middle of the20th century, while corresponding legislative work remains delay. Arbitration Law of the People’s Republic of China（1995）containsspecial stipulates for arbitration involving foreign, setting-aside of internationalcommercial arbitration was reflected. But the system design has imperfections whichcaused a lot of problems, even set many debates on the reform or the abolishment of thissystem. Therefore, improving setting-aside of international commercial arbitration systemis important and urgent. This thesis will discuss the predicaments and the outlet of thesetting-aside of international commercial arbitration system.This thesis is composed of three parts:Chapter one provides an outline of setting-aside of international commercialarbitration: first, introduce the concept of international commercial arbitration, expoundthe development status in china and elicit setting-aside commercial arbitration system.Then, introduce the controversy of its existing or abolition, and demonstrate its existing isrational and lawful.Chapter two confronts the subject directly: expound the predicaments of thesetting-aside arbitral awards in China systemically. This chapter will discuss the conflictsof jurisdiction, the extents of setting-aside, the process and the re-relief of setting-aside.Chapter three proposes solutions to the predicaments that have discussed in lastchapter. The solutions mainly as follows: explicitly stipulate the extents of internationalcommercial arbitration awards and the jurisdiction of setting-aside procedures,rationalizing the statutory reason of setting-aside, resolving conflicts betweennon-enforcement of arbitral award and setting-aside of arbitral award, and last,constructing the re-relief system.