Study On The Appeal Of The Arbitration Case For The Revocation Of The Arbitration Award

With the rapid development of economy,the high degree of autonomy,high efficiency and convenience of arbitration system are becoming more and more prominent,and more people settle all kinds of disputes in social life through arbitration.According to the characteristics of arbitration system,arbitration agreement generally only regulates the two parties,but because the rights and obligations between civil subjects becoming more diverse and complicated,arbitration awards gradually begin to bring adverse effects on the rights and interests of outsiders in the case.In recent years,the probability and risk of arbitration award encroaching on outsider’s legitimate rights and interests is increasing day by day.At present,there is no complete and independent relief system for the rights of outsiders in the existing legal framework of our country,which makes damage to the rights of arbitration outsiders.After the damage,it is very difficult to find effective remedies,which leads to widespread chaos in the relief of the rights of outsiders in arbitration cases.In the provisions of the Supreme people’s Court on certain issues concerning the handling of cases concerning the execution of Arbitral Awards by the people’s Court in 2018,it is stipulated that the arbitration outsider has the right to apply for non-execution of the arbitral award,but at the same time it has also brought new problems to the outsider’s right relief.In judicial practice,there are still a large number of cases in which arbitration awards impair the legitimate rights of outsiders in the case.This article through the analysis of the judicial cases,to understand the different ways of dealing with the existence of the court,and further analysis of the adverse impact of different judicial trial results,so as to find out the adverse effects of different judicial trial results.The author puts forward that the system of rescission of arbitration award can be set up in our country to protect the rights of the outsider in the arbitration case.At the same time,this paper deeply analyzes the feasibility of constructing this system in our country from four aspects of extraterritorial legislation,legal basis,judicial practice and system.And showing the urgency of constructing the system in our country from the frequent occurrence of false arbitration in judicial practice,the shortcomings of the existing remedies,the frequent occurrence of false arbitration in judicial practice,and the limitation of the adjudication system.Finally,the author puts forward some concreteideas about the system from the point of view of the concrete setting,the connection with other existing relief ways,as well as the legal regulation and so on.