On The Relief Of Arbitration Awards

Remedy for arbitral awards refers to the way in which judicial supervision can be used to correct arbitral awards that do not comply with relevant laws and regulations.In the international arena,there are mainly two types of remedies for nonforeign-related arbitral awards.One is to apply for revocation of arbitral awards,and the other is to apply for refusal to implement arbitral awards.The existing remedies in China are also the two systems mentioned above.Over the years,there have been many voices in the academic community's remedy for arbitral awards.Because the similarities between the revocation system and the non-enforcement system are relatively high,most scholars have called for “convergence,” canceling one of these systems,and will omit the scope of relief.Outsiders who have joined the relief system outside the case,and whether the revision of the reporting system applicable to foreign and foreign arbitral awards can fully comply with the theoretical requirements and legal principles are the focus of debate in the academic circles.In the judicial practice,the coexistence of the two systems does present many problems that are difficult to solve.The number of cases of malicious arbitration and false arbitration has also been increasing.These problems have become catalysts for the revision and improvement of the relief system.By reading a large number of documents and combining his own practical experience,the author has comprehensively analyzed the relief system of arbitral awards based on the problems in the existing system and the unsolved problems in the legislation.To discuss issues by asking questions and solving problems.In the analysis and comparative study of non-foreign-related arbitral award applicants,this article finds that an outsider with a stake in an inability to obtain an arbitral award because of lack of subject qualifications,and even the arbitration party maliciously harms the lawful rights and interests of outsiders through false arbitration.In the analysis of the application conditions for non-foreign-related arbitral awards,it was found that the conditions for the application were still missing and the coverage was too narrow.Through the study of the scope of application of the "New York Convention" and the comparative law,it discusses China's remedy for foreign arbitral awards,and especially analyzes and discusses the legitimacy and rationality of the reporting system with Chinese characteristics.The opinions and suggestions on remedy of arbitral awards have been improved in terms of the application of non-foreign-related arbitral awards,application conditions,system construction,and harmonization with foreign arbitration awards.