Defects And Perfections Of Arbitration Review System In International Commercial Arbitration

With the acceleration of commercial globalization and the expansion of international business competition and cooperation,international commercial conflicts inevitably arise,thereby introducing and enhancing the indispensable role international commercial arbitration plays in resolving these conflicts,a system that stands out due to its unique problem-solving mechanism.In the long trial of time in practice,international commercial arbitration advances and matures,but its defection also emerges.As a matter of fact,the popularization and relevant issues of international commercial arbitration constantly generate deep concerns of its potential malfunction from various perspectives,ranging from arbitration institutions,professional scholars,to parties in question.Therefore,it necessitates a supervision system over international commercial arbitration to regulate its regular operation and ensure “its lawfully free function without any infringement ”.Over the past several decades of the arbitration supervision system,there always existed an inclination for overrating the jurisdiction supervision from courts and respective industry supervision from arbitration committees while overlooking the internal supervision within arbitration institutions;there also arose a tendency to put excessive emphasis more on procedural supervisions,such as the supervision formed by arbitration courts,the selection,avoidance,and cancellation of arbitrators,and the supervision over ethical behaviors as well as the jurisdiction right of arbitration,than on the actual entity supervision of arbitration ruling;nor is there adequate research into how to redistribute at different phases the supervision rights of jurisdiction,within the arbitration institutions,and of arbitration.Such phenomena cannot be more thought-provoking,but after surveying the overall development of internal supervision within arbitration institutions,it is not hard to understand the current condition.ICC,the most influential arbitration institution of international commercial arbitration,was founded in 1923,marking the start of arbitration,but it took 52 years till 1975 to establish the arbitration ruling review mechanism and entitle the arbitration court the right to revise form issues;as for entity issues,the right is restricted to make suggestions.The supervision right regarding entity issues in arbitration supervision system also is basically downplayed or even excluded by other arbitration institutions for their considerations such as guarding the independence and self-governing right of arbitration court.This practice further contributes to the nominal value of supervision over entity,and so arise serious problems that one arbitrator makes two contradictory decisions in the similar types of cases;one institution faces two conflicted judgments provided by arbitration courts.These should be regarded as the defections of review mechanism.This dissertation firstly acknowledges the indispensability of arbitration supervision,especially in terms of the internal supervision within institution which refers to ruling review mechanism,then discusses the origin and current conditions of the now popular international commercial arbitration review mechanism,its application range and procedure as well as the entity issues,and its defections and reconstruction,and finally makes suggestions to optimize the review mechanism.Hopefully this essay will be beneficial to safeguard the rights and interests of the parties concerned,balance the effeciency and justice,and enhance the authority of international commercial arbitration institutions.