Research On Perfection System Of Disallowed Execution Of Domestic Arbitral Award In Our Country

The system of disallowed execution of the arbitral awards is a specific system for the enforcement of the arbitral awards in Chinese civil proceedings and which is a concrete manifestation of the judicial supervision and arbitration.It is also a remedy given to the enforced parties by law.Its exercise has important implications on whether the arbitration ruling can be successfully implemented or whether the creditor's rights of the obligee can finally be realized.Therefore,the disallowed execution of the arbitral award must be strictly in accordance with the law.In our country,the system of disallowed execution of arbitral awards contains both domestic and foreign standards for double examination.As the system of recognition and enforcement of foreign-related arbitral awards is more perfect,it is in accordance with the common practice of the international community and scholars have more specific points of view and are more mature.However,The system of disallowed execution of the arbitral awards is more extensively than the legal provisions of foreign arbitration,the judicial application of more arbitrary,the lack of necessary external regulatory measures and effective procedural remedies,which is subject to criticism of the legal theory circles,and even Most scholars once advocated the abolition of domestic arbitral awards not to implement the system.Judicial practice in different parts of the courts not to review the arbitration award the implementation of the review methods,the contents of the review and examination results and other aspects vary,which not only undermined the unity of our country's legal system also undermined the credibility of domestic arbitration institutions.Against this background,this article only discusses the disallowed execution of domestic arbitral awards in our country.Unless otherwise specified,the disallowed execution of arbitral awards refers solely to domestic arbitration.This paper discusses the basic theory related to the disallowed execution of arbitral awards in depth and defines what should be adhered to in the procedure of the People's Court in reviewing the application for disallowed execution of arbitral awards on the basis of clarifying what is the concept of disallowed execution of domestic arbitral awards Principle and the existence of the system's theoretical value,It focuses on the theoretically existing conflict and how to coordinate the revocation and disallowed execution of arbitral awards.It is argued that there is an independent value that the system of arbitration does not have,and should not be abolished simply.Improve the internal procedures,standardize the operation of the judiciary in order to better play institutional advantages.The value of the theory lies in guiding the practice better.By examining the legislative provisions of the system of disallowed execution of domestic arbitral awards in our country and the actual application of the system in the practical operation,the further analysis is made on how the people's courts in examining the arbitral awards The reasons for not implementing the arbitral award in our country are concluded that the disallowed execution of the arbitral award in our country is loose in terms of design,the scope of the judicial review is wide,the judicial review procedure is vague,the external Prosecutorial supervision and absence of post-procedural relief can not these five major deficiencies,starting from the fact that domestic arbitral awards in our country do not give effect to the system of enforcement,on the one hand,through the reference to arbitration system of judicial supervision and arbitration in arbitrated developed countries and the specific national conditions in our country,we should start with the application procedures,judicial review procedures,procuratorial and supervisory procedures and the relief procedures,Put forward the specific assumptions to perfect the system of disallowed execution of domestic arbitral awards in our country;On the other hand,through establishing a series of perfect supporting measures to ensure that the arbitral award can be smoothly implemented by the people's court,the domestic arbitral award of our country can be promoted indirectly.