Application And Analysis Of Judical Interpretation In Arbitration Award

Arbitration as a dispute and civil litigation,mediation solution,and compared with litigation,arbitration has the characteristics of "folk" and "autonomy",and both sides of the arbitration body than the litigants such as arbitrator,the arbitration organization,arbitration is to take place,have more to choose applicable law,etc.As an exotic product brought by China's economic opening-up,arbitration is playing an increasingly important role in today's commercial society.The choice of the legal basis of the dispute often has a decisive impact on the outcome of the ruling.In international commercial arbitration,the parties often choose the applicable law,such as Chinese law or American law.However,looking back to China's arbitration practice,if both parties agree on "China law" in the arbitration agreement,does "China law" only refer to the current laws and regulations made by the legislature in China,or include the judicial interpretation issued?There are different views on this issue in the theoretical and practical circles,and there is a lack of relevant laws or authoritative judgments to clarify this issue in China.In the application of statutory law,the abstract legal interpretation in legal interpretation is the formal interpretation of general matters by legal authorities according to legal authorization and their own duties,which has its own characteristics in application.This kind of legal interpretation has the characteristics of strong pertinence and clear rules,which can effectively solve the abstract,fuzzy and difficult to adapt to the real life problems of legal norms,and is often regarded as a legal norm.One of the most important,the largest number of the most extensive coverage of the supreme people's court is the trial interpretation.It is an urgent problem to decide whether to apply the judicial interpretation in the arbitral award and how to draw lessons from or apply the judicial interpretation in the arbitration.And accompanied by another worth discussing the problem,that is with an increasing number the number of commercial disputes submitted for arbitration,the arbitration also showed a trend of rapid rise in the number of,is behind the trend of ruling according to law,including applicable judicial interpretation,with other arbitration method(such as trading habits,respect the autonomy of the parties,etc.)the trade-off between problem,but now prominent question is ruling in accordance with the applicable percentage is definitely too high,even appeared the academic circle called the arbitration ruling legalization phenomenon,is combined with the practical situation of arbitration case there are more and more close to the trend of the grass-roots court case model,No matter from the way of hearing or the result of case adjudication,even the concept of judgment,are more and more close to the basic level of the court.Under this trend,the characteristics of arbitration are weakened and neglected,and the credibility and uniqueness of arbitration are also affected by the judicial organs.Based on the relationship between the judicial interpretation and the applicable basis of arbitration award,this paper analyzes the current situation of the application of judicial interpretation in China's arbitration and some problems and difficulties,and puts forward the preliminary countermeasures.The author analyzes the development of some arbitration awards,relevant laws and judicial interpretations made by the arbitral tribunal in practice,and tries to make the article more consistent with the actual situation of arbitration in China.This paper is divided into four parts:the concept and function of judicial interpretation,the nature of commercial arbitration institutions in China and the application status of judicial interpretation in China's arbitration,the practical necessity of applying judicial interpretation in arbitration,and some Suggestions to solve the difficulties in the application of judicial interpretation.