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Research On The Judicial Supervision Mechanism Of International Commercial Arbitration Award In Singapore

Posted on:2021-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:M J WanFull Text:PDF
GTID:2416330626955078Subject:International Law
Abstract/Summary:PDF Full Text Request
According to International Institute for Management Development annual report on world competitiveness 2019 published in May,Singapore beat the United States to become the most competitive country in the world.This is the first time Singapore has topped the list since 2010.Singapore take a positive attitude towards arbitration at the legislative level and International arbitration legislation is enacted on the basis of the adoption of the UNCITRAL Model Law on International Commercial Arbitration following the trend of arbitration in the world,more and more parties are willing to choose arbitration in Singapore.All these achievements are inseparable from Singapore's judicial support and supervision of arbitration awards.Since ancient times,China and ASEAN have started economic and trade exchanges,and the trade frictions have increased gradually.It is very important to strengthen the understanding of the legislation and practice of arbitration system between China and Singapore.Therefore,from the perspective of Singapore's judicial supervision of its international commercial arbitration awards.I hope to make a useful research on the improvement of the judicial supervision system of China's arbitration awards,it provides reference for the improvement of the judicial supervision mechanism of arbitration in China.In terms of article structure,the first chapter is the basic theory of Singapore's judicial supervision mechanism of international commercial arbitration,mainly lay a solid foundation for the extension of the whole article,this paper describes the meaning and characteristics of the judicial supervision mechanism of Singapore's international commercial arbitration awards,trace to its source,there are three stages to explore the development of judicial supervision of Singapore's international commercial arbitration awards.It not only increases the thickness of the article,but also makes the research clearer.The second chapter is the theoretical choice and value orientation of Singapore's judicial supervision mechanism of international commercial arbitration awards,exploring the rationality of its existence,obtaining theoretical support,and clarifying its value orientation.The third chapter is the operation of the judicial supervision mechanism of Singapore's international commercial arbitration award,mainly from two aspects: the revocation of international commercial arbitration award by Singapore court and the enforcement of international commercial arbitration award by Singapore court,analyze the attitude and way of Singapore court to arbitration award.In the aspect of the cancellation of arbitration award,it mainly discusses the following results: the parties have the right to apply for the cancellation of the award and the reasons for the cancellation of the international commercial arbitration award;In the aspect of the enforcement of arbitration award,it mainly discusses the rules and characteristics of Singapore court refusing to enforce foreign arbitration award,the enforcement basis and legal procedures of foreign arbitration award.The fourth chapter is the Enlightenment of Singapore's judicial supervision mechanism of international commercial arbitration award to China,from two aspects of legislation and improvement of arbitration rules of arbitration institutions.At the legislative level,it is mainly to give the parties more autonomy in the scope of arbitration supervision,allow the parties to stipulate in the arbitration agreement that the court is allowed to supervise and review certain substantive issues and improve the dual supervision provisions and judicial review system for arbitration awards.In the aspect of perfecting the arbitration rules of our country we should gradually recognize the legal status of temporary arbitration,improve the effectiveness of the system of emergency arbitrators and clarify the rules of fast procedure.
Keywords/Search Tags:International Commercial Arbitration, Judicial Supervision, Singapore, Model law
PDF Full Text Request
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