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On The Judicial Review System Of Arbitration Award In China

Posted on:2020-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z HuangFull Text:PDF
GTID:2416330605969072Subject:Law
Abstract/Summary:PDF Full Text Request
As an important dispute resolution method in ADR(non-litigation dispute resolution procedure),arbitration has been more and more chosen and applied by the parties in the process of commercial dispute resolution.Nowadays,with the development of China's opening to the outside world and the deepening of economic and trade exchanges between China and other countries,arbitration plays an important role in China's foreign economic and trade activities as a means of resolving economic disputes widely used in the world.At the same time,with the implementation of China's Belt and Road national strategy,economic,trade and cultural communication between China and the countries along the Belt and Road has been further strengthened,so it is very important to discuss and analyze relevant legal issues.The research on the legal form of arbitration is the need of expanding the demand of foreign trade and economic exchanges and the need of advancing the strategy of the Belt and Road countries.In recent years,the Supreme People's Court of China has studied and adjusted the application of arbitration laws in the past in accordance with the system plan of"improving the arbitration system and enhancing the credibility of arbitration",so as to fully take into account the needs of foreign economic and trade exchanges.We have innovated the arbitration system and improved some procedures for handling foreign arbitration cases,which has greatly improved the quality and level of China's arbitration work.It also makes China's arbitration legal form play an important role in promoting the development of the Belt and Road national strategy.The content of this series of measures can be summarized as follows:First,through the promulgation and implementation of judicial interpretations of arbitration,the system of arbitration law construction has been improved,and the standardization of arbitration procedures has been strengthened;Secondly,by improving the arbitration system,China has supported the construction of arbitration institutions in foreign free trade pilot zones,and has made more effective legal service guarantee to encourage the export-oriented economic development of free trade zones;The third is to further promote the implementation of the informationization of arbitration legal services,and to build an information management platform for the handling of arbitration cases,so as to better promote the modernization of legal services and the improvement of the informationization level to provide strong scientific and technological support.Fourth,by exploring how to scientifically adjust the system of arbitration in China's laws,it has provided better legal guarantees for handling foreign-related economic disputes and enhanced the credibility of China's legal services in the international field.A more ideal legal environment has been established for the further promotion and implementation of China's Belt and Road National Strategy.According to the relevant provisions of the current Chinese law,This paper analyzes the judicial review of the arbitral award by studying the current legal system of our country.This paper is divided into four parts:The first part analyzes the current situation of judicial review of Chinese arbitral awards;The second part points out the standard,content and the main problems of the judicial review system of our country.The third part introduces the successful experiences of Britain,France and other countries in the construction of the arbitration system,and makes clear the reference points,which can provide useful experience for the perfect adjustment of the arbitration system in China.The fourth part,the main problems of the specific proposals.
Keywords/Search Tags:commercial arbitration, award, judicial review
PDF Full Text Request
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