The Research Of Re-arbitration System

Re-arbitration, as stipulated in the law, is a remedy system adopted in the revocation of arbitral decision, Most countries in the world has now adopted the re-arbitration system which was introduced into China in 1995. And, in 2006, the Supreme Court ‘s release of the Interpretation of Re-arbitration Law further improved the system. The re-arbitration system in China provides the tribunal with the opportunity to reduce the fault in arbitration procedure, and avoid the tribunal’s revocation of arbitral decision. However, with the development of social economy, the potential risks of the system, such as reducing the efficiency of arbitration and indefinite delay of arbitration, and some problems in practice come into being, causing relevant theoretical disputes. Based on the study of status quo of China’s re-arbitration system, analyzing the cases and referring to the comparative analysis of the foreign re-arbitration system and obtaining experience from it, the author offers some advice to the reconstruction of the re-arbitration system.After a comprehensive study of the status quo of re-arbitration home and abroad, the author, based upon the respect for the parties’ principle of autonomy, advocates that: Firstly, unify the domestic and international arbitration and turn the two-track system into single-track system; Secondly, highlight the prior applicability of the re-arbitration, Thirdly, refine and clarify the circumstances applicable for re-arbitration and examine solely the procedures of re-arbitration. Fourthly, the main part of re-arbitration in principle is the original tribunal, but it should be replaced if the arbitrator encounters illness or death. Provided that the arbitrator accepts bribes or perverts the law, the new arbitrator tribunal is to be reelected by the two parties or assigned by the arbitration committee. Fifthly, in the reference to the deadline for revocation of the re-arbitration, the time for re-arbitration would better be set within one month and the number of arbitration should be restricted to one time for fear that the re-arbitration is unnecessarily repeated so as to avoid the deliberate delay of arbitration.