Study On The Problems Of Judicial Review On The Ruling Made By The Arbitral Tribunal Ultra Vires

Arbitration ruling is revoked or not executed as a statutory judicial censorship system.This is the core aspects of the people’s court for judicial oversight of commercial arbitrationactivities and both are the measure of the arbitration activities efficiency value and the valueof the course of justice whether harmonious ruler. The legal definition of the ruling made bythe arbitral tribunal ultra vires vague.Moreover, the court and the arbitral tribunal on itsdifferent criteria. With the continuous promotion of the arbitration system, definition of theruling made by the arbitral tribunal ultra vires on the level of understanding and operationallevel defects has become increasingly apparent. People’s Court in the arbitration award is setaside to review how to correctly define the ruling made by the arbitral tribunal ultra viresgenerated a lot of controversy. However, study this problem at a preliminary stage, the authorintends to analyze some cases in arbitration practice and make relevant insights to colleaguesand ask for advice.The thesis would discuss the problems of judicial review on the ruling made by thearbitral tribunal ultra vires in our country from the view of practice, theory and legislation.Binding arbitration of international conventions as well as other countries mature arbitrationlegislation, I try to built the definition in the arbitration practice and make some suggestions.The thesis is divided into five parts, about20,000words.Part One: The status of the judicial review on the ruling made by the arbitral tribunalultra vires. This part would analyzes the subject matter of party applying for arbitration rulingjudicial supervision and the typical cases to point out that China’s legislative fuzzy on what isthe definition of the ruling made by the arbitral tribunal ultra vires, the court and thearbitral tribunal on the definition of it is uniform, the drawbacks of the substantiveexamination.Part Two: Legal analysis of the ruling made by the arbitral tribunal ultra vires--therange of theoretically defined. This part would mainly discuss the arbitrability, the scope ofthe arbitration agreement and the form factor, the identification of the arbitrationjurisdiction,the nature of the ruling made by the arbitral tribunal ultra vires, in particular, note that the ruling made by the arbitral tribunal ultra vires before the range should be defined inthe program review.Part Three: The specific circumstances of the ruling made by the arbitral tribunal ultravires. This part would analysis on the ruling made by the arbitral tribunal ultra vires combinedwith theoretical circles, pointing out that different situations should do different processing.This section also explore: out of the arbitration agreement, beyond the request for arbitration,beyond respondent content, part of the ultra-cut, issues in the settlement agreement.Part Four: The ruling made by the arbitral tribunal ultra vires: a view from comparativelaw. Due to the impact of cultural background, legal traditions, value orientation and otherfactors, international treaties and the other countries are not the same as the definition of theruling made by the arbitral tribunal ultra vires.This part begins with the relevant provisions ofthe extraterritorial foreign intervention retrenched more relaxed, so that the arbitration toresolve the dispute have strong vitality and advantages.Part Five: A number of recommendations to improve the judicial review on the rulingmade by the arbitral tribunal ultra vires.The definition of the ruling made by the arbitraltribunal ultra vires are system engineering. It requires both retrenched “deregulation“legislation and need to practice to grasp. The thesis mainly proposes to build to distinguishthe retrenched practical standards re-arbitration system, and improve not perform system andopposition systems.