On The Outsider’s Application For Not Executing The Arbitral Award

Non-enforcement of arbitral award system is an important way for judicial supervision of arbitration in China.However,Article 237 of the Civil Procedure Law of China and Article 63 of the Arbitration Law stipulate that only the applicants have the right to apply for non-execution,and since 2018 The Provisions of the Supreme People’s Court on Several Issues Concerning the Enforcement of Arbitration Awards by the Supreme People’s Court,which was implemented on March 1,expanded the scope of the application subject that do not enforce the arbitral award,aiming at the phenomenon of false arbitration which is becoming more and more serious in practice,it provides a relief way for outsiders.To a certain extent,it avoids the infringement of the legitimate rights and interests of the outsiders in the arbitration case by false arbitral awards,and also shocks the subjects who attempt to obtain illegal interests through false arbitration since the implementation of the system.However,the provision exists: the lack of certain legitimacy in the judicial interpretation of the breakthrough legislation;the scope of application of the relief in the implementation phase is small,and the validity of the false arbitral award itself cannot be resolved.In view of this,this article is titled “On the Outsider’s Application for not Executing the Arbitral Award”,analysis of the basis and funcition of institutional setting from a theoretical perspective,and discuss the practice of the system,and analyzes the causes of the existing problems of the system,and explores the idea of further improvement.Apart from the introduction and conclusion,the full text consists of four parts,totaling more than 30,000 words:The first part:Theoretical analysis of an outsider’s application for non-enforcement of an arbitration award.The theoretical basis of the system is the theory of rights relief,the principle of civil enforcement relief,the judicial judicial supervision and the expansion of the effectiveness of arbitral awards.The establishment of the system provides judicial remedies for the outsiders in the arbitration case with impaired rights,which is conducive to solving the difficulty of arbitration enforcement,improving the procedural guarantees of the outsiders in the arbitration case.The second part:Investigation into the practice of applying for non-enforcement of an arbitration award by an outsider.Based on the practical cases after the introduction of judicial interpretation,352 administrative rulings are used as samples to analyze the application of the outsiders in the application for refusal to implement arbitral awards,revealing that there are conflicts between the legislative level and the current legal provisions,and the function positioning of the system and the program design are misplaced;at the judicial level,the procedures are not applicable to the specific regulations,the remedies provided to the outsiders are insufficient,and the outsiders abuse the procedural rights.The third part:Analysis of the reasons for the outsider’s application for not implementing the arbitral award.The academic circles have a big controversy about whether the system should be established,which directly affects the choice of the legislative ranks;The current regulations are vague and operability is poor,leading to confusion and irregularity in judicial practice;the arbitral relief of the outsiders in the arbitration case is single,the supply of the system is insufficient,and the lack of relevant supporting systems,which makes it impossible to suppress the occurrence of false arbitration from the root cause,nor can it Solve the validity of the arbitral award.The fourth part:Perfection of an outsider’s application not to enforce an arbitration award.On the legislative level,improve the rank of legislation;At the level of refinement of the rules,clarify the scope of application of the system,basic requirements,and filing review criteria,and rule of false arbitration certificate,and effectively link with other enforcement remedies;In terms of related supporting systems,aggravate false arbitrators responsibility,the addition of outsiders to revoke the lawsuit of arbitration,to build a more complete rights relief system for outsiders in the arbitration case.