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On The Cancellation System Of International Commercial Arbitration In China’s Judicial Supervision

Posted on:2019-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q B LiFull Text:PDF
GTID:2416330566985286Subject:legal
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International commercial arbitration awards as a means to resolve disputes between commercial parties,have been widely adopted for their efficiency and speed.It is inevitable that any kind of international commercial arbitration ruling will be flawed.To protect the healthy development of China’s international commercial affairs,it is particularly necessary to revoke the judicial supervision of China’s international commercial arbitration awards.Cancellation arbitration Revoking the award is an important means of judicial supervision of international commercial arbitration.In 1994,China promulgated the first arbitration law which established the revocation system.The revocation system constituted the legal basis of judicial supervision of international commercial arbitration in our country.The revocation system in the judicial supervision of the international commercial arbitration award of our country which in the case of the law,which is revoked by the court after the application of the party and the examination and verification by the court.However,still many problems in the legislative and practical aspects of the system of revocation in our judicial supervision.The application of the revocation period and reasons,the appeals of the parties,the double track system still have not been fundamentally solved,which will all affect the development of the international commercial arbitration in China.Therefore,it is of great practical and theoretical value to analyze the relevant issues and perfect suggestions from the legislation and practice,and to maintain the final nature of the arbitral award and promote the vigorous development of the international commercial arbitration in China.The significance of the revocation of the judicial supervision of the international commercial arbitration award in China lies in the analysis of the main problems existing in the judicial supervision of arbitration in our country.Inorder to improve our country’s legislation and correct the mistakes of our judicial practice,we need to draw from foreign arbitral awards and promote the healthy and orderly development of international commercial arbitration in China.This article uses a variety of research methods such as theoretical research and comparative analysis.On the basis of the existing regulations of our country,combined with the relevant systems of other countries,we summarized the defects of our country’s international commercial arbitration award revocation system from both theoretical and practical aspects,and put forward relevant suggestions for improvement.This article is divided into three chapters.The first chapter mainly discusses the basic concepts of judicial supervision of international commercial arbitral awards in China.Such as the meaning of judicial supervision of international commercial arbitration,the revocation of judicial supervision of international commercial arbitration award,the scope of judicial supervision of international commercial arbitral awards by various countries,the importance of revocation of the system in the judicial supervision of international commercial arbitration in China,and the main contents of the system of revocation of International commercial arbitral awards in our country.The elaboration is made.The second chapter mainly analyzes the legislation and practice of judicial supervision of international commercial arbitration award in China,and on the basis of the main legal basis of judicial supervision of international commercial arbitration award in China,through case analysis,further clarifying the existence of the system of revocation of judicial supervision of international commercial arbitral awards in China,such as temporary arbitration,violation of public order and other issues.The third chapter focuses on the existing problems in the current system of revocation of arbitration award in China,and the trend and practice of the international community on the revocation of international commercial arbitral awards,also,the author puts forward some suggestions on the improvement ofthe system of revocation of international commercial arbitration award in legislation and practice...
Keywords/Search Tags:International commercial arbitration, International commercial arbitration award, Judicial supervision, Revocation
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