The Research On The Award System For Rescinding Arbitration

Arbitration is an important way to settle disputes,because the arbitration system has a convenient and efficient,high degree of autonomy and other advantages,in practice choose arbitration as a dispute resolution method more and more.Meanwhile,the arbitration system has its drawbacks,the advantages of arbitration system to play and arbitration system to overcome the defects,their national jurisdictions need assistance or supervision;to guarantee a fair arbitration.In the arbitration proceedings under certain circumstances have to rely on the intervention of the judicial authority,making smooth progress of the arbitration proceedings;errors in arbitration,particularly arbitration award resulted in an error occurred when injustice,judicial intervention was modest,modest supervisory review,the parties relief.This requires excellent Judicial Surveillance System Construction.This paper discusses topics: set aside the award system is the Judicial Surveillance System of the important content,this discussion system has important theoretical and practical significance.This paper is divided into three parts.The first part,from the beginning of the judicial review of arbitration discussion,introduced the relevant theory of judicial review of arbitration disputes,arbitration and the nature,characteristics,combined with China's judicial reform and build a diversified background of dispute resolution mechanisms are discussed,do theoretical groundwork for this article topic;then the concept of application for setting aside an arbitral award,discusses aside the award values.The second part,set aside the award on our current system,a comprehensive presentation,and presentation with the first part of the theory analysis,and finally sort out some issues rows laws exist and need to improve the details appear.The third part,the second part of the sort of questions based on the previous discussion paper proposed to improve the system of recommendations;and to indicate their views,perfect set aside the award system,to build the system set aside the award of the complaint in the system the set should fit on the idea and values of arbitration to avoid too heavy inquisitorial.