Research On Re-Arbitration System

Litigation and arbitration are the current mainstream methods of dispute resolution worldwide.In recent years,with the deepening of China’s reform and opening up process,China’s arbitration cause has renewed its vitality.On the development path of arbitration,the relationship between arbitration and the judiciary cannot be avoided.In January 2018,the Supreme People’s Court successively passed the "Provisions on Several Issues Concerning the Enforcement of Arbitration Awards by the People’s Courts",the Relevant Provisions on the Issues Concerning the Reporting of Judicial Review of Arbitration,and the Provisions on Several Issues Concerning the Trial of Judicial Review Cases of Arbitration.China’s judicial support and assistance to arbitration has increased.However,the existing judicial review mode of commercial arbitration combined with the review of limited procedures in China is still criticized by the academic circles.Under the background of the current arbitral awards for judicial review cases,how to maintain the independence of arbitration in judicial review,the task of providing fair and effective relief channels for arbitral awards is becoming increasingly urgent.Re-arbitration is used as a remedy for arbitral arbitration,because it can maximize the balance between fairness and efficiency,and is recognized by all countries in the world and incorporated into the National Arbitration Law.However,due to the current lack of re-arbitration laws and regulations,the re-arbitration of non-standardization,and the re-arbitration of judicial practice,the re-arbitration failed to effectively exert its due value,and even faced the risk of becoming the "final review of the two trials."In order to give full play to the value of re-arbitration and improve the efficiency and fairness of arbitration settlement,this article elaborates on the basic theory of re-arbitration,examines the relevant legislation of the United Kingdom,the United States,Germany,and Sweden,and according to the author in July 2018,the Dongying Arbitration Commission On the basis of the investigation and analysis of the re-arbitration cases conducted,in view of the deficiencies in the judicial practice ofre-arbitration in China,the author puts forward some suggestions for perfecting the reasons for re-arbitration,improving the application of re-arbitration,and standardizing the re-arbitration of judicial practice.The full text consists of four parts in addition to the introduction and conclusion.The first part is the basic theory of re-arbitration.This part first defines the content of re-arbitration,including the specific meaning of re-arbitration and the distinction between retrial and civil cases.Secondly,clarify the significance and necessity of standardizing China’s re-arbitration.At present,China’s provisions on re-arbitration are scarce and rudimentary,and the practice of re-arbitration is confusing.The efficiency value of re-arbitration has not been fully exerted.Re-arbitration has become a stumbling block to the value of arbitration efficiency.It is necessary to regulate re-arbitration.Arbitration practice,safeguarding the unity of the legal system and improving the credibility of arbitration.The second part is the investigation and analysis of extra-regional re-arbitration.This part uses a comparative analysis method to conduct a comparative study on the judicial review and re-arbitration legislation of some countries in the Anglo-American legal system and the civil law system.The purpose is to provide a comparative analysis of the relevant provisions of foreign re-arbitration,and provide for the improvement of China’s re-arbitration.Useful for reference.The third part is the analysis of the legislative status and judicial practice of China’s re-arbitration.This part first introduces the status quo of China’s re-arbitration legislation,and then analyzes and analyzes the judicial review of the Dongying Arbitration Commission’s arbitral award in Dongying City Intermediate People’s Court and analyzes the current situation of the re-arbitration judicial practice of Dongying Arbitration Commission,pointing out the existence of re-arbitration practice in China.Issues such as unreasonable re-arbitration and lack of re-arbitration norms are aimed at indicating the direction for re-arbitration in China.The fourth part is the perfect proposal for China’s re-arbitration system.This part is the author’s comprehensive consideration of China’s legislation and judicial practice,and draws on the useful legislative experience outside the domain,and at the sametime puts forward suggestions for improving the legislation in light of China’s national conditions.It mainly includes establishing the principle of re-arbitration for priority application;standardizing the reasons for re-arbitration;strengthening the connection between the court and the arbitration institution.