On The Improvement Of Relief System Of Arbitration Award

Commercial arbitration,as a kind of institutionalized settlement of civil and commercial disputes outside the judicial system,has the characteristics of a final decision.Because the legal environment in China is still in the primary stage,and there are many shortcomings in the arbitration system in China,such as the administrative arbitration,the selection and elimination mechanism of arbitrators,and the relatively loose management of arbitration organization,the fairness,authority and acceptability of arbitration are becoming the focus of people’s attention.The proper remedy way to the defective arbitration award can not only safeguard the legitimate rights and interests of the parties,enhance the credibility and authority of arbitration,guarantee the smooth operation of the arbitration system,establish the authority of the arbitration system,alleviate the bad effects of malicious arbitration and false arbitration,and win a wider space for the development of the arbitration system.It is also conducive to the maintenance of social justice and fairness.Most scholars in China mainly focus on judicial supervision and judicial review.This paper takes the arbitration arbitration award relief system as the research object,analyzes the existing ways of arbitration award relief in China,clarifies the problems in its theoretical connection and practical operation,combs and draws lessons from different ways of arbitration award relief in other countries,and puts forward the norms and improve the arbitration award relief system and improve the credibility of arbitration,Some suggestions for the healthy development of civil and commercial arbitration in China are proposed.This paper is divided into three chapters:The first chapter mainly introduces the current relief system of arbitral awards,from the legal basis of arbitration and legislative status quo,to sort out the current relief system of arbitral awards in China,determine the scope of this study,define the relevant terms,and lay the foundation for further discussion.The second chapter mainly discusses the specific problems of the relief system of arbitral awards in China.First of all,through combing the academic circles about the arbitration award judicial relief procedure nature dispute,obtains the arbitration award relief procedure to have the lawsuit and the non-lawsuit dual nature characteristic.Secondly,it discusses in detail the problem of the double relief of the revocation and non-enforcement of arbitral awards,and puts forward the direction of improving the relief system of arbitral awards,that is,to abolish the non-enforcement system of arbitral awards.In addition,this part also discusses the application conditions of the re-arbitration system is too narrow and the current arbitration award relief channels are too few.In the third chapter,aiming at the problems existing in the relief system of arbitral award in our country,the author puts forward some suggestions to improve the relief system of arbitral award in our country from six aspects: perfecting the current system of applying for revoking arbitral award,canceling the system of refusing to enforce arbitral award,reconstructing the system of re-arbitration,setting up the action of revoking arbitral award by a third party,protecting the confidentiality of arbitration award and broadening the relief channels.By improving the current arbitration relief system and giving the arbitration parties more relief channels,we hope to fully protect the legitimate rights and interests of the arbitration parties and the third party,enhance the credibility and authority of arbitration,and promote the healthy and orderly development of China’s domestic arbitration cause.