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Research On Judicial Supervision Of Arbitration In My Country

Posted on:2022-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:J B TongFull Text:PDF
GTID:2516306611496614Subject:legal
Abstract/Summary:PDF Full Text Request
Compared with litigation,arbitration has many advantages,such as the professionalism,convenience and confidentiality of arbitration.Arbitration,as an important role in the dispute resolution mechanism,can effectively relieve the pressure on the court to handle cases.In order to ensure the fairness and authority of arbitration,appropriate judicial supervision is required.On the one hand,appropriate judicial supervision can promote the healthy and stable development of arbitration.On the other hand,it can make up for the inherent deficiencies of arbitration,correct the deviation of arbitration cases,effectively protect the legitimate rights and interests of arbitration parties,and improve a diversified dispute resolution mechanism.At this stage,although my country's arbitration judicial supervision system has been relatively perfect,there are still some shortcomings.This article starts with the basic issues of judicial supervision of arbitration,sorts out the historical context of judicial supervision of arbitration at home and abroad,and systematically expounds the connotation,characteristics and necessity of judicial supervision of arbitration.On the basis of the current system,deeply analyze the problems of the judicial supervision system,dig out the reasons behind the problems,and put forward effective and feasible suggestions.The improper exercise of the court's supervisory power is likely to hinder the healthy development of arbitration.It is necessary to improve the judicial supervision system of arbitration from the two dimensions of supervision principle and specific system.It is suggested that the legislation should clearly respect the supervision principles of party autonomy,moderate intervention by the court,and lawful exercise of supervision power.Unify the review standards for domestic arbitration and foreign-related arbitration,cancel the supervision method of non-enforcement of awards,build a relief mechanism for judicial supervision procedures,refine the procedures for revocation of awards,and improve the accountability mechanism for arbitrators.
Keywords/Search Tags:arbitration, Judicial supervision, Set aside an arbitral award, non-enforcement of arbitral award
PDF Full Text Request
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