Research On China's International Commercial Arbitration Supervision System

As one of the ways to settle disputes outside litigation,international commercial arbitration has the characteristics of economy,rapidity and confidentiality.Compared with litigation procedure,arbitration procedure embodies the party's autonomy of will.However,due to the limitations of arbitration itself,that is,the natural contradiction between the "finality" and "impartiality" of arbitration,commercial arbitration should be supervised.The finality of an arbitration award can easily lead to unfair consequences.The court's supervision of arbitration can correct the possible errors of arbitrators and intervene in international commercial arbitration awards mainly by means of examination,cancellation and non-execution,so as to achieve judicial relief.However,the scope and extent of judicial supervision of international commercial arbitral awards has been a controversial topic in China's theoretical circles.For example,there has always been a controversy between the single-track system and the doubletrack system in the supervision of international commercial arbitration.At present,the development trend of international commercial arbitration is to weaken the supervision and review role of the court,and strengthen the support and assistance role of the court to arbitration.The scope of domestic judicial supervision is the precondition for the choice of international commercial arbitration supervision system.Defining the scope of domestic judicial supervision makes the contents of domestic and foreign judicial supervision consistent.Our judicial supervision system of international commercial arbitration should abandon the dual-track system and try out the "single-track system".Public order is also one of the important factors affecting the scope of arbitration supervision.The ambiguity,regionality and timeliness of public policy lead to the uncertainty in the application of public policy.Therefore,in international commercial arbitration,it is necessary to set certain boundaries for the application of public policy in order to make its content and scope more explicit and specific.From the recent cases of recognition and enforcement of international commercial arbitral awards,strict interpretation and application of public policy are the development trend of courts in various countries.Some scholars put forward the concept of "international public policy" to narrow and limit the scope of application of public order.Our country should start with legislation and judicature,at the same time refer to the advanced international practices,and then improve the application of public policy in our practice.Therefore,the judicial supervision system of China's international commercial arbitration still lags behind,which will restrict the development of China's international commercial arbitration.With the amendment of China's Civil Procedure Law,China's Arbitration Law should also be amended accordingly to further meet the needs of the era of international trade development.This paper chooses several serious legal shortcomings to study,mainly including: moderate supervision,the incompatibility between China's implementation of the "two-track system" and the world's theoretical circles,the preservation of public order,the theory of non-nationalization arbitration,the lack and supplement of the relief system.These shortcomings are all part of the existing law that should be changed in time.The following author makes a more comprehensive exposition of the supervision of commercial arbitration in China and discusses its problems.