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Research On Difficulties And Countermeasures Of Arbitration Judicial Review

Posted on:2024-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:X C ZhangFull Text:PDF
GTID:2556307100990679Subject:Law
Abstract/Summary:PDF Full Text Request
Arbitration,as one of the important ways of diversified dispute resolution mechanisms,has unique advantages such as high efficiency,economy,and final arbitration.At the same time,arbitration has the characteristics of non-governmental attributes,and judicial supervision is indispensable.The judicial review system of arbitration reflects the relationship between judicial power and arbitration power,and challenges how we coordinate and deal with the contradiction between judicial factors and the civil nature of arbitration.This article attempts to explore the problems existing in my country’s arbitration judicial review system through the analysis of relevant legislation and systems at home and abroad,and at the same time conduct empirical research on related cases of arbitration award judicial review system.On this basis,how to improve my country’s arbitration judicial review system to make recommendations.Aiming at the problems existing in the judicial review system of arbitration in our country,this paper analyzes the reasons,takes the exploration of the balance between the judicial power and the arbitration power as the clue,and takes the promotion of the development of arbitration,supervision according to the law,and respect for the autonomy of the parties as the guidance,and puts forward some exploratory opinion.Further improve the scientific nature of arbitration legislation,improve the arbitrator challenge system,and put forward corresponding countermeasures for the improvement of the review standards for arbitration agreements,the review standards for violations of social and public interests,and the standards for arbitration delivery.
Keywords/Search Tags:arbitration, judicial review, arbitration and jurisdiction, judicial factors and civil attributes
PDF Full Text Request
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