Research On The Revocation System Of Commercial Arbitration Award In China

Commercial arbitration,as one of the various ways of dispute resolution,is very popular at this stage.Its institutional advantage is the finality and autonomy of arbitration.In the course of commercial arbitration,the parties can make legal agreements on all aspects of arbitration according to the free will of both parties.However,as a way of dispute resolution,the relationship between arbitration system and judicial supervision has been confronted since the formation of arbitration system.Commercial arbitration was the way to settle disputes reached by free expression of will between people at that time.As there was no absolute freedom of contract,commercial arbitration procedure was also restricted by law and arbitration rules,and was subject to judicial review by the courts of a country.Therefore,judicial supervision methods such as revocation system of commercial arbitration awards were formed.As a way of judicial supervision of commercial arbitration awards,the revocation system of commercial arbitration awards is different from the non-enforcement of arbitration awards.The revocation of arbitration awards is a more stringent legal procedure which makes commercial arbitration awards invalid from the beginning.Many countries with well-developed commercial arbitration system have stipulated the revocation system of arbitration awards.However,the provisions on the cancellation procedure of commercial arbitration awards in international legal documents are generally only of exemplary significance and do not have compulsory applicability.Therefore,it is necessary to construct the cancellation system of commercial arbitration awards suitable for the legal environment of our country and the situation of international arbitration legal system.The paper is divided into four parts: The first part mainly analyses the basic outline of the revocation of commercial arbitration awards,from the scope of the commercialarbitration awards that can be applied for revocation,the basic issues of revocation and the value and significance of the revocation system of commercial arbitration awards,to the comparison between the revocation system of commercial arbitration awards and similar procedures,to understand the basic issues of the revocation system of arbitration awards.Overview and system characteristics.The second part mainly analyses three prominent problems in the withdrawal system of commercial arbitration awards from the perspective of our country's system provisions,namely,the status quo of the double-track system of the examination standard of the withdrawal of arbitration awards,several problems in the withdrawal procedure of arbitration awards and remedial measures after the withdrawal of arbitration awards.The third part is mainly based on the deficiencies of the provisions of the cancellation system of arbitration awards in the second part.It analyses the current situation of the provisions of the cancellation system of extraterritorial arbitration awards,and can get some enlightenment in the provisions of the cancellation system of extraterritorial arbitration awards.The fourth part analyses the feasibility suggestions on how to improve the revocation system of arbitration awards in China under the premise of the existing provisions of the revocation system of arbitration awards.