On The Judicial Supervision Of Arbitration

Arbitration plays an increasingly important role in solving social disputes.Compared with litigation,arbitration has its unique advantages and characteristics,but it is undeniable that arbitration has some defects and shortcomings that can not be overcome.The contractual and autonomous nature of arbitration determines that it cannot exist independently of the judiciary,because if we overemphasize the contractual and autonomous nature of arbitration,it will not only weaken the judicial supervision of the court on arbitration,but also lead to severe challenges to the effectiveness of arbitration itself.However,if the judiciary intervenes in arbitration excessively,on the one hand,it will destroy the autonomy and contractual nature of arbitration;on the other hand,arbitration will lose its status and advantages.Therefore,the healthy development of arbitration should neither leave the judicial supervision of the court nor be excessively intervened.The court should carry out a moderate supervision on arbitration.Starting from the basic problems of the judicial supervision of arbitration,this paper analyzes the current situation of the judicial supervision system of arbitration in China,points out the problems existing in the judicial supervision system of arbitration,and puts forward some concrete suggestions,such as unifying the standards of judicial supervision,integrating the ways of judicial supervision,limiting the scope of judicial supervision,giving the parties the procedural relief right,and making the judicial supervision of arbitration transparent.