A Study On The Judicial Review Of Jurisdiction Of International Commercial Arbitration

Jurisdiction of arbitration plays an important role in the whole arbitration process. It is the foundation of arbitration process as well as the premise on which the arbitral awards can be finally recognized and enforced. As to international commercial arbitration, issues on jurisdiction seem more important and complicated in practice. Although arbitration is of civilian nature, it can be interfered or influenced by judicial authorities to some extent. Such interference and influence are more obvious on the issues of arbitration jurisdiction.This thesis will focus on the judicial review on the jurisdiction of international commercial arbitration and the possible ways to limit it. By analyzing the domestic laws and legal practices of different countries, relevant international legal documents such as treaties and some famous international commercial arbitration rules, the key research will be on the judicial review on the jurisdiction of international commercial arbitration before and after the final arbitral award is made and the respective limiting ways. Center on this, discuss of the whole thesis will be divided into five chapters:Chapter One is an overview of jurisdiction of international commercial arbitration, which will introduce and analyze the basic issues on jurisdiction of international commercial arbitration:firstly, there will be the analysis of jurisdiction of arbitration and the significance of distinguishing jurisdiction of international commercial arbitration and that of domestic commercial arbitration; then, there will be further analysis of the special aspects of the jurisdiction of "international" commercial arbitration, which will affect the judicial review and its limiting ways. Chapter Two is on the basic issues of the judicial review on the jurisdiction of international commercial arbitration. It is necessary for judicial authorities to review on the jurisdiction of international commercial arbitration, and such judicial review to a great extent is about the conflict of the powers of arbitral tribunals and courts. And the scope of such judicial review is also a basic issue, which has been summarized by the author at this chapter. Chapter Three is about the practices of the judicial review on the jurisdiction of international commercial arbitration. By summarizing the relevant domestic laws and judicial practices of different countries, such judicial review can be divided into two stages:before and after the final arbitral award is made. The author discusses it specifically from the perspectives of the ways of how to review and the items that it is reviewed. Chapter Four is about the possible ways to limit the judicial review on the jurisdiction of international commercial arbitration, which is discussed from how courts and parties may limit such judicial review. Chapter Five is about the relevant laws and legal practices of China on the judicial review on the jurisdiction of international commercial arbitration. There will be analyses on the current laws and legal practices of China and the possible limiting ways, as well as its shortage and the corresponding advises for amendment.The purposes of this thesis are as follows:firstly, to analyze the special characteristics of the jurisdiction of international commercial arbitration; secondly, to summarize the stages and ways of judicial review on the jurisdiction of international commercial arbitration; thirdly, to summarize and analyze the possible ways to limit such judicial review and its affects; fourthly, to give advises for Arbitration Law of China for amendment on relevant rules.