A Case Study Of Judicial Revocation Of Arbitral Award In Violation Of Legal Procedure

Arbitration,as a way of resolving disputes that can achieve the effect of compulsory enforcement through judicial power,is bound to be subject to relevant judicial review.The revocation of arbitral award is a commonly accepted means of judicial intervention in commercial arbitration by domestic law in order to ensure the procedural justice of arbitral award.In the third clause of Article 58 of Chapter V of the Arbitration Law,China stipulates the judicial revocation of domestic arbitral awards for violation of legal procedures.This provision has indeed played a very important role in the procedural supervision of arbitral awards.With the rapid growth of domestic arbitration cases,the problems in practice of arbitration are becoming more and more extensive and profound.The emergence of these new problems not only promotes and improves the development of arbitration in China,but also exposes the shortcomings of the current Arbitration Law.The procedural flaws and legal reasons of the provisions of revocation conditions have obvious shortcomings,which can not meet the development needs of arbitration in our country nowadays.In arbitration and judicial practice,judicial confusion is often caused.In the composition of the arbitral tribunal and other violations of statutory procedures,there are inconsistencies between the understanding of the Arbitration Commission and the court in the operation,which accounts for a large proportion of cases of revocation.Therefore,the author intends to analyze the content of Article 58,Item 3 of the Arbitration Law,and make an empirical analysis of the outstanding cases in the judicial review of domestic arbitral awards in recent years,which revoked arbitral awards for violation of legal procedures,and refer to the formulation of the United Nations Commission on International Economic and Trade Law.The "Model Law on International Commercial Arbitration" and other mature international commercial arbitration laws and regulations explore and study the current problems in the practice of domestic judicial review,and put forward reasonable suggestions.