Judicial Review Of Arbitration

The article mainly focuses on judicial review of arbitration, with thethoughts on arbitral power. Firstly, based on the theory frame of dualisticand interactive benign relations between political state and civil society, thisarticle traces back to the original nature of arbitral power and does acomprehensive in-depth analysis, so as to demonstrate that the nature of thearbitral power combines the contractual nature that presents autonomy ofprivate law of civil society and the authority asylum property that comesfrom the political state. The contractual nature that roots deep in the civilsociety, which displays the autonomy of private law and independency ofcivil society, is the essential attributes of the arbitral power. The authorityasylum property born on the ground of the chaos and collapse ofspontaneous order result from the excessive development of private freedomthe civil society, and it can not obtain the power to regulate and eliminateinternal chaos and to prevent the collapse of its internal spontaneousorder, but had to apply for outside power asylum of the state, with the strong power of the state to eliminate it's internal conflicts. Actually the authorityasylum property emerged in the needs of arbitration self-improvement.Additionally, the article demonstrates that the compound nature of thecontractual nature and the property of state's authority asylum reflectprofoundly the subtle and dynamical equilibrium relationship between thearbitral power and the national judicial power; simultaneously reflectcontradiction and complex relationship between the modern civil societyand the political state. In fact, the scope and degree of the judicial review onarbitration system result from the combination of these relations. Finally, thearticle sets out the principles and defines the content of judicial review ofarbitration under the above framework.