The Dilemma And Way To The Mediation Before Filing A Case

As one of solving dispute mechanism, Compare to the litigation, arbitration is more independent, flexible, fast, economic and confidential, and developing rapidly. However, it is precisely because of these characteristics, the results may be unfair in the process of arbitration case. Therefore, it is necessary to conduct supervision on arbitration. Court of all countries in the world have judicial review of arbitration. Study on judicial supervision of arbitration scholars in China mainly focus on the theoretical view, and the study of practical view seems to be rare. This paper takes C City Intermediate People’s Court of the judicial supervision of arbitration as the starting point, analysis the practice of the court’s predicament, in-depth analysis the reasons of the difficulties, and puts forward some suggestions for improvement.The first part is the preface. The author explains the research background,judicial supervision of arbitration in China’s current research status.The second part is an overview of the judicial supervision of arbitration studies. In this part, the author first defines the concept of judicial supervision of arbitration; the scope of this study is limited in a narrow concept. Then makes a deep analysis on the characteristics and theoretical basis of the judicial supervision of arbitration, on the one hand reflects the unique of Arbitral Judicial supervision system in China; on the other hand, it also provides a theoretical foundation for the following improvement suggestions.The third part of this paper is analyzing the case of C City Intermediate People’s court, combining of theory and practice, finding there is some problems of the judicial supervision of arbitration of C City Intermediate People’s court, including supervision scope limits in judicial practice is not clear, the two entity have different supervision standards of review, and the differences cognizance and violation of legal procedures.The fourth part, based on the above problems, the author from the judicial system, judicial concept and understanding of the arbitration organization, find out reasons of the problems of judicial supervision of arbitration, providing ideas to solve these problems.In the fifth part, the author tries to put forward suggestions for improvement. The author believes that China can build selectable review mode for judicial supervision of arbitration, and give the parties the power to select during the process, clear "may have affected the correctness of decision". In view of the current system lacks judicial supervision of arbitration relief procedure, give the parties the right to appeal.