Judicial Supervision Of Commercial Arbitration

Commercial arbitration is one of the most important ways to settle di sputes nowadays.In the final analysis,it is a contract system to settle dispu tes.As the basis of arbitration,the legal effect of the arbitration agreement is given by the relevant domestic law.The party's autonomy of will must be restricted by the domestic law.Moreover,the enforcement of Arbitral Aw ards depends more on domestic judicial organs.At the same time,due to t he problems of arbitration itself,such as the selection criteria of arbitrators are not clear enough,arbitrators have the possibility of rent-seeking rights,the legal environment is not perfect and so on.Therefore,based on the pri nciple of judicial final settlement,state sovereignty and limitations of arbitr ation,the court must exercise necessary control and supervision over comm ercial arbitration.However,there are many deficiencies in the scope and met hods of judicial supervision over commercial arbitration in China,such as t he drawbacks of the "dual-track" supervision model.rough provisions on a rbitration jurisdiction?insufficient provisions on Interim Measures before a nd during arbitration?the complicated provisions on the non-recognition an d enforcement of arbitral awards?the contradictory provisions on the canc ellation and non-enforcement of arbitral awards by pure domestic arbitratio n,and the blank provisions on "super-arbitration" "omission" and "re-arbitrati on" and so on.Therefore,it is necessary to support the development of co mmercial arbitration by adjusting the judicial supervision system,including abolishing the "dual-track system" and implementing the "single-track syste m" supervision mode,amending the contents of some judicial supervision,an d improving the effective link between laws,the re-establishment of the pr ocedure for canceling and not enforcing arbitral awards,and the improvem ent of arbitral jurisdiction,reestablishing the procedure for cancelling and non enforcement arbitral awards and so on.In the spirit of supporting arbit ration,the author takes the principle of reducing judicial interference in arb itration and postponing judicial intervention in arbitration as well.By summ arizing the problems existing in commercial arbitration and the necessity o f judicial supervision,and comparing the scope and methods of judicial sup ervision and arbitration between the major countries of the two legal syste ms,it is suggested that the existing judicial supervision methods in China should be perfected by means of "in-the-event review" and "after-event re view";The scope of judicial supervision over commercial arbitration is in 1 ine with the trend of judicial supervision over international commercial ar bitration.Domestic commercial arbitration and foreign-related commercial ar bitration are gradually unified and perfected.