Research On The Cancellation Of Foreign Commercial Arbitration Award In China

With the promotion of China's “One Belt,One Road” and the establishment of a free trade pilot zone,commercial arbitration has ushered in unprecedented opportunities for development.There is no doubt that commercial arbitration in China will inevitably play a more important role in the diversification of dispute resolution methods.According to the "2018 International Commercial Arbitration Statistics Report" jointly issued by Queen Mary University of London and the United States Wei kai Law Firm,97% of respondents affirmed the role of international arbitration in cross-border dispute resolution,nearly 99% Respondents indicated that they are willing to continue to use arbitration to resolve future disputes.Compared with similar statistics published in 2015,the international community has generally accepted international arbitration.Commercial arbitration has also developed rapidly in China in recent years.Relevant statistics show that the number of cases involving arbitration cases in China in 2015 was about 140,000,in 2016 it was 200,000,and in 2017 it exceeded 300,000.The ultimate pursuit of international arbitration is efficiency,and the goal of the judicial review system is to maintain its fairness.The revocation of an international arbitration award not only directly affects the fair and effective protection of the legal rights of both parties to the dispute,but also affects the stability of the ruling and determines whether the independence of the ruling will be destroyed.By introducing China's regulations and operations on the international arbitration revocation system,the author analyzes the shortcomings of this system,and combines the provisions of the world's major related systems with operational experience,and then puts forward some ideas and suggestions for continuing to improve the system..In this article,the author will conduct a comprehensive analysis of the international arbitration cancellation system.The first chapter introduces some concepts related to international commercial arbitration awards,including the concept and characteristics of international commercial arbitration,the concept of award revocation and the classification of awards,the concept of judicial supervision,and the dialectical relationship between revocationand judicial supervision.Contact,which leads to the importance of the ruling system in judicial supervision,in order to find out the research object of this paper;the second chapter uses the method of comparing the relevant situation of the ruling system in the foreign countries,mainly through the New York Convention and In the procedural review of the Model Law and the legislation and judicial practice of the United Kingdom,the United States,France,Germany and other European and American countries,we can find the experience that China can learn.The third chapter is from the legal reasons for revoking the ruling and the procedural matters for revoking the ruling.The three aspects of the matter,the right relief after the revocation of the ruling and the settlement of the parties' disputes analyze the current situation and deficiencies of China's ruling system.The fourth chapter is from the legal reasons for revoking the ruling,the procedural matters for revoking the ruling.Three aspects of the rights relief after the withdrawal and the settlement of the parties' disputes some of ideas and suggestions to continue to improve on the system.