Research On Cancellation And Non-Enforcement Of Domestic Arbitral Awards In China

Commercial arbitration comes from commodity economy.Early in 621 BC,arbitration was included in the written law system of Greece.Until now,with its characteristics of flexibility and autonomy,arbitration has already become another important dispute resolution mechanism in addition to litigation.After all the proceedings comes an arbitral award.Though not made by the judicial departments,an arbitral award is endowed with similar legal consequences as a judgement,it also has legal effect which is guaranteed by coercive force of the state.Since Arbitration Law was established in 1994 in China,there have been two kinds of supervision methods of arbitral awards,cancellation and non-enforcement.Because these two kinds of methods have a lot in common,such as statutory circumstances,prescribed procedures and legal consequences,the academic debate on whether we should maintain the present situation or abolish one of them without any encumbrance rages on.In addition,many problems also occur in judicial practice.This paper is segmented into four parts.The first chapter introduces relevant theories of cancellation and non-enforcement of arbitral awards,probing into its system value and giving an idea of how cancellation and non-enforcement of domestic arbitral awards have developed in China.The second chapter illustrates current situation of two systems,compares their differences and similarities in order to expound the problems that exists;this part also summarizes views and reasons of domestic academics on whether to retain or abolish the dual supervision model.In the third chapter,the paper analyzes cancellation and non-enforcement of arbitral awards in comparative perspective,it classifies and introduces the practical experience from other countries with well-developed arbitration system to provide some references.The last chapter propounds some ideas on perfection of cancellation and non-enforcement of domestic arbitral awards in China,approaching a solution from four parts includes connection of cancellation and non-enforcement system,statutory circumstances,specific provisions of procedure and some supporting measures.