Research On The Application Of The System Of Non-enforcement Of Arbitration Awards In My Country

The system of non-execution of arbitral award is not only a judicial supervision means of arbitration in China,but also a relief measure given by law to the person applying for execution.It is of great significance to standardizing the conduct of arbitration and safeguarding the legitimate rights and interests of the parties to arbitration.In the execution procedure,the court may refuse to execute the wrong award according to the application of the person subjected to execution or according to the authority,so as to avoid the error expansion.The operation result of this system,namely the final ruling of the court,means whether the result of the award determined by the arbitration procedure can be recognized and executed by the court,and whether the rights and obligations of the parties can be confirmed by the judiciary.If the application of the person subjected meets the condition of non-execution of the arbitration award statutory cause,the court shall,after examination,rule that the application shall not be executed.China's civil procedure law,arbitration law and judicial interpretation of the supreme people's court all make provisions on it,but due to the ambiguous features of the provisions,there are still many disputes in the theoretical and practical application.In this context,this paper takes non-execution of arbitral award of China as the research object and conducts in-depth research from the perspective of theoretical exploration and practical application analysis.The first part of the article,mainly,introduces the concept,properties,characteristics of refusal to enforce the arbitral award,the rationality of the existence,overall theoretical research of non-execution of arbitral award.Meanwhile,we also discusses the conflict and coordination of cancellation and refusal enforce of award of arbitration system and the unique existence value of it.In the second part I use comparison method to analyse this system.By referring to the data,this paper compares the relevant provisions of legal documents in Germany,France,the United States,the United Kingdom,China's Taiwan region and the international legal documents in the perspective of comparative law,so as to explore the reference for China.In the following part,I will combine the empirical analysis of the cases that the court has tried and ruled not to be executed since the new civil procedure law came into effect in 2012.By analyzing and sorting out the typed data of collected cases,and combining the reasons for the parties'application for non-execution and reasons for the court's final decision of non-execution,the specific operation in current judicial practice is clarified.Finally,in the fourth part,I try to make an overall evaluates on non-execution arbitral system on the basis of the empirical analysis of the previous part.Meanwhile,the exploration of improvement of the non-execution arbitral system in China is given,from the perspective of system construction,arbitration tribunal and arbitrator,and judicial review of the court.