Research On Judicial Review System Of International Commercial Arbitration Awards

The international commercial arbitration means that the parties in an international contract make an appointment of arbitration, and afterwards, the arbitration tribunal makes binding decisions for both sides to resolve commercial disputes. Compared with the civil litigation, international commercial arbitration has the advantages of high efficiency, security, fast, and easy access to execution, which is the most favorable way for contracting parties to solve disputes. The number of cases submitted to international commercial arbitration remains very high every year .International commercial arbitration is characterized by the parties high degree of autonomy, however,if an international commercial arbitration award is to be enforced, it must meet the requirements of substantive law and procedural law. There are very detailed rules for the recognition and enforcement of the international arbitration award in both domestic laws and conventions. When one of the parties submitted the arbitration award to the court of a country and applied for enforcement,the judges will carry out a judicial review of the arbitration award according to the national legislations. The reasons are as fowllowing: on one hand, in the international commercial arbitration activities,the parties autonomy should be restricted by law;on the other hand, the enforcement of an international commercial arbitration award often involves a country party or property, as a result, a judicial review is necessary for this country to ensure its judicial sovereignty. Therefore, in this paper, the author makes a detailed research on the judicial review system of international commercial arbitration, and targeting the problems encountered in Chinese legislations and judicial practice, the author puts forwards some suggestions to perfect.