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Research On Bolar Exception

Posted on:2018-11-20Degree:MasterType:Thesis
Country:ChinaCandidate:M X ZhaoFull Text:PDF
GTID:2336330515468677Subject:Law
Abstract/Summary:PDF Full Text Request
International commercial arbitration is a widely chosen method of dispute handling by the international community,than the court litigation in terms of autonomy strong,efficient and convenient irreplaceable advantages,has been widely recognized by the international community.But based on the legal environment and the relevant judicial system started late in China,the relevant provisions of China's international commercial arbitration are not systematic,there are many unsatisfactory shortcomings,hindering the practice and progress of international commercial arbitration in China.In particular,the abolition of the system of international commercial arbitration is not perfect,which is not conducive to the impartiality and efficiency of arbitral award.Therefore,we should actively learn from the relevant laws and experiences of the international conventions and other countries on the revocation of foreign-related arbitration awards,in particular the reasons for the revocation of the award,the revocation of the jurisdiction of the court,the relief after the relief,to be carefully studied and understood,combined with China's international commercial arbitration practice of the specific circumstances,improve the deficiencies,make up for defects,revise our country's arbitration legislation and establish a sound legal system of international commercial arbitration.Against the above situation,the author through literature review,theoretical research,comparative analysis and other methods,in the existing provisions in China,combined with other countries related system provisions,from theory and practice two aspects of the international commercial arbitration award revocation system deficiencies,and puts forward suggestions.According to this idea,the author divided the paper into five chapters:first,in the introduction part introduces the background,research status,research purpose and research methods of this topic;secondly,through a chapter of deep analysis of international commercial arbitration related concepts and definitions,to better provide theoretical basis for the perfection of the system;again,through two chapters to introduce in detail the present situation of the international commercial arbitration award revocation system and the provisions of the extraterritorial system;finally,the international commercial arbitral award revocation system in China is placed in the legislative system of the international community.This paper analyzes the reasons of the system in the revocation,the jurisdiction,the procedure of revocation,the relief after revocation,the author puts forward the corresponding opinion,in order to improve the system of international commercial arbitration award.Clear revocation of jurisdiction,improve the revocation of the reasons,standardize revocation procedures,the relief after the establishment of relief,adequate China international commercial arbitration award revocation system,promote the perfection of international commercial arbitration system,establish a complete legal system of international commercial arbitration,for our scientific adjudication procedures escort.
Keywords/Search Tags:International commercial arbitration, International commercial arbitration award, Revocation of international commercial arbitral awards, Reasons for revocation of international commercial arbitral awards
PDF Full Text Request
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