| As China’s commercial arbitration services innovation confirmation ofarbitration, with can prevent and avoid risks, maintaining security, efficiency andharmony transactions, gradually emerge in theory and practice. Confirm arbitrationtribunal at the request of the parties and the arbitration rules of the contract betweenthe parties or to resolve the dispute reached a settlement agreement to be reviewedand found to determine the effectiveness of the law and the contract of the settlementagreement and decide whether to grant a legally recognized arbitration behavior.Confirm the arbitration, the system design of its own ordinary arbitration is still thesame, so the basic features of arbitration are reflected on the confirmation ofarbitration. In addition, to confirm the arbitration arbitration system as a theoreticalinnovation, it also has general arbitration procedures do not have some special place.Confirmation of arbitration as a relatively new way of arbitration, that request filedarbitration proceedings and confirm different from ordinary arbitration hearing on thearbitration proceedings. The author tries to elaborate further deepen the understandingof arbitration confirmed. Confirmation of arbitration is a special way of arbitrationproceedings. Confirm Arbitration should fully reflect the flexible, efficient and partyfeatures a high degree of autonomy. In case without prejudice to the mandatoryprovisions of the law, not necessarily tied to related content common to confirm thearbitration proceedings. There is no need to apply for a general arbitration proceduresas stipulated, acceptance, court ruling has significant interval of time between stagesin confirmation of arbitration proceedings. The party applying for arbitration, theparties agree that, without going through the service and defense programs, thetribunal may accept and hearing. The tribunal may also recommend taking the partiesto confirm the arbitration, and explain the procedure can be simplified. In the case ofthe parties voluntarily accepted, the tribunal may help the parties resolve the disputequickly. The parties have agreed to simplify procedures conducive to resolvingdisputes and does not violate the provisions of laws and regulations. The tribunal canbe adopted. For parties promptly resolve conflicts, reduce transaction costs, ensure the stability of the transaction, confirm the arbitration has a very prominent role.However, the main focus confirmation confirm the arbitration agreement or validityof a contract settlement parties, take a relatively ordinary arbitration procedure moresimple procedures. Confirm arbitration informed on the facts of the case is mainlydependent on the parties. That can be exploited by the parties easily. And then tobecome a party to circumvent the law, harm the third person mode. In this case, thetribunal may not fully grasp the real circumstances of the case. Then the tribunal’sdecision error occurs. Therefore,it is necessary to review the contract of the tribunaland the parties reach a settlement agreement signed by the entity. In addition, we needpay attention to the attitude of the courts to confirm the results of the arbitrationaward should be held. The courts implement dual system of supervision arbitration.This apparent lack of rationality approach. This practice violates the principle of theparties are equality before the law.Contrast foreign legislation, foreign arbitration anddomestic arbitration is the same. With the further development of economicglobalization, if we want to adopt the international standards.Then the correspondingprovisions be modified to become a matter of course. |
