Analysis Of The Judicial Surveillance System

Arbitration, as an international and advanced dispute resolution legal system, featured with party’s willing autonomy, high efficiency, professional, confidentiality and finality, has commonly acknowledged and widely applied around the world. With dual attributes of contractual and jurisdiction, the arbitration demands relevant state laws to confirm, and the legal enforcement of arbitration award also need the court to deal with, which represents state power. All of this determines the inevitability and the necessity of judicial supervision. When the arbitration power is conferred by the law, in order to prevent the abuse of arbitration power, and protect the party’s legal interest and preserve the impartiality and the authority of arbitration award, the court need and must to apply judicial supervision on arbitration. The judicial supervision shall also be within certain extent, otherwise it will seriously hamper the arbitration from healthy development, and shall greatly damage the interest of commercial entity. The current arbitration judicial supervision system has not been completed and had certain issues, which hampered the healthy development of arbitration system. The current arbitration judicial supervision system in China is still incomplete and has certain problems which hinder the arbitration system from to be well developed. These problems mainly display as follows:Firstly, our court only reviews procedural issues upon international arbitration award, and both procedural issues and entity issues shall be reviewed upon domestic arbitration award. This kind of dual criteria goes against establishing unified arbitration system in China and being geared to international standards, and holds up our steps toward internationalizing our arbitration system concerning foreign affairs; secondly, the procedure setting of withdrawing arbitration award is unreasonable and goes against protecting the party’s legal interest; thirdly, the procedure of non-enforcement of arbitration award is unreasonable, and damages the justice authority to some certain extent and ruins the party’s legal interest; fourthly, the re-arbitration system is lack of operability, and the scope of judge’s discretion is too wide which shall go against the party’s legal interest and the authority of arbitration award.This article starting from the necessity of arbitration judicial supervision, integrating with the current situation of legislation in China, comparing with the relevant system abroad, analyzes the current problems of arbitration judicial supervision in China. Integrating with judicial practice between the arbitration and the court, this article presents the exploring legislation advices benefiting the development of arbitration judicial supervision system in China: the first, the people’s court shall cancel the review of entity on domestic arbitration award and shall only review procedural issues, changing "double-track system" into "single-track system"; the second, it shall be stipulated that the court shall treat the application of withdrawing arbitration award as the revocation of verdict, so that both parties can join in the verdict and the parties’ procedural rights can be guaranteed and the parties can appeal on the order of writing made by the people’s court during the procedure of withdrawing arbitration award, and properly shorten the party’s period of application; the third, to change the current stipulation that the application of non-enforcement of arbitration award is reviewed by the enforcement institution in the people’s court. When the people’s court performs reviewing on non-enforcement of arbitration award, it shall listen to the opinion both from the parties and the arbitration tribunal. It shall be stipulated that the parties shall have appealing right to the order of writing on the non-enforcement of arbitration award and it shall clearly stipulate the period of the application of non-enforcement of arbitration award; the fourth, the scope and the condition of re-arbitration shall be specified.