it is an important issue to set up and understand the reason of cancellation of arbitration award correctly,which is related to whether the judicature can reasonably supervise the arbitration.Article 58 of the fifth chapter of the Arbitration Law of the People’s Republic of China specifies the reasons for the cancellation of an arbitration award,which delimits the boundary between judicial power and arbitration power,and also provides judicial supervision for the fairness of an arbitration award.With the rapid growth of domestic arbitration cases,there are more and more new problems in the practice of arbitration.The emergence of new problems not only promotes the development and improvement of China’s arbitration industry,but also exposes the shortcomings of the provisions on the cancellation of arbitral awards in the arbitration law.First of all,through the empirical analysis of the case of the court’s cancellation of the arbitral award,this paper understands the application of each reason for cancellation,and finds out the problems existing in the judicial practice;secondly,it makes a detailed analysis of the reasons for cancellation of the arbitral award in the current arbitration law,and finds out the shortcomings in its legislation;finally,based on the investigation of the judicial practice,combined with the shortcomings existing in the current legislation of our country and referring to the experience of foreign legislation,this paper puts forward some suggestions to improve the cause of cancellation of arbitration award in China. |