On Re-arbitration System Of Foreign-related Commercial Arbitration

In accordance with the provisions of Chinese Arbitration Law,at the discretion of the court,re-arbitration is a kind of special relief system after concerned parties applied for the withdrawal of the arbitral award.While exercising the rights of judicial supervision,the court give arbitral tribunal the opportunity to make up its own mistakes and defects by the method of re-opening the arbitration procedure,avoiding the award being set aside by the court,thus respect the parties' initial willingness to solve the disputes through arbitration.The Arbitration Law of our country started pretty late,and the provisions of the Foreign-related Commercial Arbitration were ambiguous,in particular the issues about re-arbitration.The problems such as re-opening reason of re-arbitration,the subject of re-arbitration,the procedure of re-arbitration and the revision-scope of re-arbitration are all waiting for more details from legislatures.The lack of specific rules for above-mentioned matters makes it hard for court,arbitral tribunal and concerned parties to deal with practical issues related with re-arbitration.Starting from the relationship between re-arbitration and revocation,through analyzing the nature of re-arbitration,this article emphasizes the independence of re-arbitration system and several merits when comparing with setting aside arbitral awards.Then,this article goes to the details of re-arbitration procedure,such as initiators of the re-arbitration system,subject of re-arbitration system,the rejected reason of re-arbitration by arbitral tribunal and the effects of the re-arbitration awards,as well as the influence on the old arbitration awards.Finally the article discusses the hot issues of substantive review of arbitral award,primarily focusing on new evidences which can overthrow the arbitral award,as well as errors in the application of law.By combine concerned parties' autonomy of will with judicial supervision,writer here tries to analyze the possibility that concerned parties can use arbitration agreement to extend the scope of judicial review of arbitral award.Then,it points out here the specific sense of re-arbitration system when dealing with the confliction between justice and efficiency problem in substantive judicial review.In this article,what the writer wants is to advise scholars in relevant fields not to automatically and consistently use a negative attitude towards substantive judicial review of arbitral awards.It is better to use a dialectical way to analysis and compare this issue in different ages,social background and different countries,then find a genuinely suitable solution to legislative issues on our country's Foreign-related Commercial Arbitration.