On Scope Of Effect Of The Rule For Refusing To Enforce An Arbitral Award

The system that refuse to enforce an arbitral award is one way of judicial supervision. In this paper, a case as the clue, as to the range of effect as the core that comb the effect system of the rule that refuse to enforce an arbitration award systematically.In addition to the introduction and conclusion, this paper includes the following four parts:The first part of this paper to the case put forward to solve the problem. Firstly, the basic situation of cases cited herein; according to the case presented in this article cited problem to be solved.The second part is the decision not to enforce an arbitration award related to an overview of theoretical issues. First discusses the decision not to enforce an arbitration award concepts and features that refuse to enforce an arbitral award is the people’s court ruling has been issued to review the results and in the court filing made in the implementation of the arbitral award; refuse to enforce an arbitration award ruling termination proceedings ruled that closed in one manner. Next is to refuse to enforce the subject of discussion, consider the subject of the new revised Civil Procedure Law still has to review the nature of the entity. Finally, it discusses decision not to enforce an arbitration award on the basis of the effectiveness of that evidence for its effectiveness: the effectiveness of a specific law, the use of legal supervision, and due process of self-custodial bundles.The third part is not to determine the effectiveness of enforcement of arbitral awards system specifically addressed. Enforcement of arbitral awards not considered the effect of the system can determine the effectiveness of the system draw verdict. Refuse to enforce an arbitration award ruling include binding effect, the end of the program, execution negative force, pre-determined effect; refuse to enforce an arbitral award ruling is binding timeframe shall be effective after the ruling, will fail in exceptional circumstances; refuse to enforce an arbitral award ruling subjective validity range includes parties and courts, and in some cases can constrain the Third Party; refuse to enforce an arbitral award ruling on the validity of the objective and scope of the principle and only in the main text of the judgment ruling; the presence of the consolidated arbitration, refuse to enforce ruling on the scope and effectiveness of the objective determination of a clear ruling Roundabout project.The fourth part is a comprehensive analysis of the case and inspiration. First, based on the analysis of the previous paper a comprehensive analysis of the case, to answer the questions raised by the article began. Inspiration came to the conclusion of this study: arbitral awards made during specification should improve the consolidated arbitration; part of arbitral awards should be established not to execute system; legislation should clearly not be ruled effectiveness of enforcement of arbitral awards.