Research On The Revocation System Of China’s Foreign-related Arbitral Awards

By sorting out the cases in which the courts of China withdrew foreign-related arbitration awards,this paper found the problems in the procedures for canceling awards,the legal reasons for cancellation and the relief system after the cancellation of awards,and proposed ways to improve and solve the problems.The first chapter of the thesis mainly discusses the revocation procedure,starting from the application period,the jurisdictional court and the nature of the procedure and analyzing it with the case,pointing out that the provisions of the revocation procedure are not specific enough to lead to ambiguity in the actual operation;Disputes;unreasonable deadlines are not conducive to protecting the rights and interests of the parties,and increase the cost of justice.Subsequently,it provided a way to solve and improve the revocation procedure,clarify the nature of the revocation procedure and the concept of the place of arbitration,shorten the time limit for applying for revocation,and extend the court’s trial period.The second chapter mainly introduces the reasons for revocation,first sorts out the reasons for revocation in each case,and then analyzes one by one,proposing that the defects of the "dual-track system" model will cause the revocation reasons to be confused by the parties;the ambiguity of legislation will cause the scope of the revocation reasons to be insufficient clear.Therefore,it is proposed to standardize legislation,unify the reasons for cancellation into procedural matters,and clarify the scope of the reasons for cancellation.The third chapter mainly elaborates the remedy of the revocation of the award.Combined with the reply of the Supreme People’s Court,it first analyzes the consequences of the revocation of the award,then discusses the existing re-arbitration system and the unique internal reporting system in China,and points out that the legal consequences are unknown And the relief channel is not perfect,and then proposed a solution path to provide the parties with a more complete relief method to avoid the drawbacks caused by the cancellation of the award.