On The Research Of Revocation Of The Arbitration

Since the reform and opening-up policy was launched in China in 1978, our country’s economic construction has been developed by leaps and bounds. So we have increasing close relationship with the other countries’ economy of the world. However, with the rapid growth of economy and the booming business, all kinds of civil and commercial disputes are increasing gradually. As an important mode of solving disputes, arbitration which has convenience, efficiency and some other unique characters gets more and more favor of the parties. On one hand, arbitration, as a disputes resolution way, should be got the judicial supervision. On the other hand, the abuse of arbitration also need to be prevented and maintain its impartiality. When the parties can not maintain their own legitimate rights and interests after using up all the arbitration relief means, it is necessary to use judicial means to strive for their own legal rights. Therefore, arbitration should not be independent of judiciary’s relief. Oppositely, judiciary also can not make much interference for arbitration to affect the independence of arbitration. So, how to coordinate the relationship between arbitration and judicial supervision and maintain the appropriate balance between them have always been a controversial topic in theoretical circle of arbitration. As we all know, the relationship and balance will be used for allowing full play to the advantages of arbitration and excluding the improper judicial supervision over it.From the perspective of the development of legislation and practice of arbitration, every country has different arbitration legislation because of the different social regime, national conditions and all kinds of factors. But, overall, arbitration is supported by each country’s legislation including international conventions. And many countries and relevant international conventions will restrict the judicial review of arbitration within a narrow range and mainly investigate into procedural matters. The purpose of being this is to limit the intervention of court for arbitration. It also emphasize the independence of arbitration and weaken the court’s judicial supervision. Therefore, the main objective of this study is exploring relief ways of civil and commercial arbitration award in a perspective of revoking arbitration award system. And it also emphatically analyze the influence of protecting the parties rights and interests and the reducing of the court’s judicial intervention. In addition, the author tries to distinguish the differences and relations between revocation arbitration award system and re-arbitration system, which will help the court have distinguished attitude in different cases so that they can’t confuse with these two systems.The author, in this article which is starting with the point of revocation arbitration award and put the arbitration’s concept and characters as the breakthrough point, adopts comparative analysis and empirical analysis to pose some questions. They are related with the theoretical controversy about the relationship between the arbitration and the judiciary in current academia. All these study lays on a good foundation for the analysis of the full text. And the article makes an introduction and analysis for present legislation and practice situation of revocation arbitration award. At the same time, it also combines with the typical case to analyze this revocation in China. In order to find and solve problems, the author analyzes the international legislation and major foreign countries’ legislation. And he even sorts out the similarities and differences of revocation arbitration award between our country and foreign countries’ legislation with the method of comparative analysis.There are some controversial issues about our country’s revocation arbitration award in the academia. These issues mainly include the reservation or revocation of arbitration, the possibility and methods of outsiders’ wrongful ruling who may revoke the arbitration relief, the trial scope of revocation arbitration award. The solution of these issues play an important role in the reform of revocation arbitration system in the future.The court has a supported attitude for the stipulation that arbitration system is treated as a branch of the revocation system. This stipulation gives an opportunity to correct errors and defects and ensures parties’ original intention for choosing arbitration as a way to resolve disputes. Based on the fact that our country’s legislation doesn’t make the re-arbitration system for elaboration, it leads to not exactly consistent modus operandi in practice. This situation brings so much trouble that it hinders the realization of the purpose of arbitration system. Therefore, the stipulation for re-arbitration system, especially for the elaboration of institution that related with evidence, can help to achieve the mutual complementation between arbitration system and re-arbitration system.Re-arbitration as a branch in the revocation of the arbitration system indicates that this system has the backing of the court of arbitration. It gives the arbitration tribunal opportunity to correct errors and defects,to ensure the original intention of the parties choose arbitration as a way to settle disputes. Based on our country legislation has not detailed clear rules of arbitration system, led to the local in practice are not completely consistent, brings to court and the arbitration tribunal and the parties concerned are great, hindered the realization of the purpose of the arbitration system. To arbitration system, especially the evidence refinement rules help to achieve the related system to cancel the award of the arbitration system and arbitration system to complement each other.