On Judicial Supervision Institution Of International Commercial Arbitration

Along with the economic globalization time's arrival, under the background of international economy and trade intercourse frequently day by day, because of the characters of autonomy and efficiency, the international commercial arbitration are accepted gradually by the people, and have become an important mean to solve the international commercial disputes. At the same time, for the purpose of defend the justice and efficiency of arbitration, the judicial supervision over international commercial arbitration has been the hot topic of scholars. Along with the development of international commercial arbitration, its judicial supervision institution has been developed synchronously. Then, with the prosperity of international commercial arbitration, now it's meaningful to discuss the judicial supervise institution of it.This article has three parts to discuss the judicial supervision institution of international commercial arbitration. The first part firstly analyzes the basic facts of international commercial arbitration and points out the value conflicts between justice and efficiency of it, which could be taken as the jurisprudence foundation of the judicial supervise institution. What's more, this part also discusses the characters of international commercial arbitration such as its contractual, quasi-judicial and sociality. Considerate to protect the rights of parties, we also demonstrate the necessity to use the judicial power to intervene the international commercial arbitration.The second part firstly puts forward the concept of the judicial supervision institution of international commercial arbitration, and analyzes its characters. Then, we will discuss the principles of this institution, i.e. procedural justice principle, principle of supervision by law, rights protection principle, sovereignty protection principle and equitable supervision principle. On the basis of analysis of the"overall supervision theory"and the"procedural supervision theory", we think we should mainly take the procedural supervision pattern when the court supervises the international commercial arbitration. As for the review of the substantive problems, it's necessary to respect the autonomy of will of the parties. At last, this thesis discusses the scope of the judicial supervision institution of international commercial arbitration from the procedural and substantive angles.The third part firstly analyzes the basic facts of judicial supervision institution of international commercial arbitration of China, and points out the shortcomings of it, such as preference justice to efficiency, double-track system between internal arbitration and international arbitration, the obscure of arbitral items, and the confuse of reorganization of arbitration, etc. Then, on the basis of the combination of the efficiency and justice values, we put forward some measures to improve such problems. At last, on the foundation of the future development characters of international commercial arbitration, we make some expectation for the development trend of judicial supervision institution of international commercial arbitration.