Research On The Issue Of Revocation Of Domestic Arbitral Awards In My Country

With the development of commercial economy,the frequent occurrence of commercial cooperation promotes the demand of commercial dispute resolution.Due to the distinct advantages of arbitration in solving commercial disputes,it can not only implement the autonomy of the parties' will,but also protect the interests of the cause with the advantages of confidentiality and final adjudication.Therefore,China's commercial arbitration cases are on the rise year by year.Whether arbitration can meet the needs of social settlement of commercial disputes depends on the guarantee of fair and legal arbitration.The cancellation system of arbitration award is not only the judicial power to supervise arbitration,but also the judicial remedy system for the parties to the arbitration.It can protect the legitimate rights and interests of the parties while supervising arbitration,so it has become an important system of Arbitration Law in the world.This paper takes the current revocation system of arbitration award as the research object,analyzes the problems existing in the current system from three aspects of legal cause system,procedural system and relief system,and puts forward corresponding suggestions for improvement.In addition to the introduction and conclusion,the paper consists of three parts:The first part mainly analyzes the cancellation system of arbitration award from the normative dimension.First of all,it defines the concept of the revocation system of arbitration award,and further analyzes the relevant concepts to reveal the meaning of the system more comprehensively.Secondly,it analyzes the nature of the dispute of the arbitration award and puts forward the view of the litigation of the formation.Finally,it discusses the legal basis of the cancellation system of arbitration award.The theory of fair trial right and the theory of natural justice are the main theoretical sources of the system.The second part mainly combs the problems existing in the revocation system of commercial arbitration award in China from the perspective of problem inspection.First of all,it analyzes the main problems of the current system from three aspects: the non-standard causes of procedural violations,the unclear concealment of fair judgment evidence and the non-standard social public interests.Secondly,it analyzes the main problems existing in the current procedure system from two aspects: the non-standard application procedure and the unreasonable period of review.Finally,it discusses the problems of the current relief system from two aspects: the absence of appeal systemand the absence of retrial system.The third part mainly discusses how to improve the cancellation system of commercial arbitration award from the perspective of system improvement.First of all,from the three aspects of standardizing the illegal causes of the procedure,clearly concealing the evidence of fair judgment and modifying the social public interest,this paper puts forward suggestions on the perfection of the system.Secondly,the paper puts forward some suggestions on how to improve the procedure system from two aspects: defining the applicable procedure and determining the reasonable time limit of the examination.Finally,from the introduction of the appeal system and the retrial system,the author puts forward suggestions to improve the relief system.