On The Revocation System Of Arbitration Award In China

Revocation of arbitration award is one of the ways for the court to supervise arbitration activities afterwards,and it is also an important channel for arbitration parties to seek judicial relief after exhausting arbitration methods.But the law cannot be enforced by itself.The completeness of the procedure for revoking arbitration awards not only directly affects the courts’ full play of the role of supervision and arbitration support,but also impairs the credibility of the judiciary to a certain extent.The author reviewed China’s procedure for revoking arbitration awards and found that the procedure as a whole showed the characteristics of imperfect legislation and irregular application of justice.The concentrated expression is that the design of the program ignores the value concept of the program itself,and still adheres to efficiency as its basic value.Inaccurate grasp of the mechanism change of the procedure,trying to locate its nature with the simple binary standard of litigation and non-litigation,and determining the non-litigation trial mode as the design concept of the procedure,which caused the procedure to even show obvious signs of sliding to administrative.There is a lack of an effective linking mechanism between this procedure and other procedures such as re-arbitration procedures and non-execution of arbitration award procedures.In view of this,the author attempts to build on the current status of legislation and practice of the arbitration award cancellation procedure in China,based on the rule of law and draw on successful experience from outside the region,dynamically debug the relationship between court supervision and arbitration function,and finally derive the due arbitration award.Revocation procedure design plan,with a view to completing the existing arbitration award revocation procedure.This paper is divided into five parts:The first part is an introduction.It aims to clarify the relevant concepts,introduce the arbitration award cancellation procedure macroscopically and systematically,and puts forward the value of writing and research methods and significance,which lays a theoretical foundation for subsequent research.The second part is an analysis of the current status of the arbitration award cancellation procedures in China.This part focuses on a comprehensive review of China’s arbitration award cancellation procedures.Taking the legislative and practical status of arbitration award cancellation procedures as the starting point,both the introduction of the legislative background is completed,and the reasons for data analysis are listed through practical investigations.The development status of the arbitration award cancellation procedure in China,and make a practical evaluation on this basis.The third part is the inadequacy of China’s arbitration award cancellation procedure.This part analyzes the existing theoretical blind spots of the arbitration award cancellation procedure in China from multiple dimensions,analyzes the unreasonable deficiencies in the relevant legal regulations and policies,longitudinally sorts out the historical evolution of the arbitration award cancellation procedure from the time dimension,and focuses on the analysis of arbitration from the practical level The committee responsibility system and the arbitration personnel management mechanism are incomplete.Observe the remarkable achievements of the procedure in legislation and practice,and also find out the shortcomings of the procedure.The purpose of this part is to find the crux of the problem and lay the foundation for the later "medication".The fourth part is the analysis of the cancellation procedure of the arbitration award outside the domain.Through comparative research,this part comprehensively examines the procedures for the cancellation of arbitral awards outside the territory,and considers the specific design of the procedures for the cancellation of arbitral awards through the comparative perspective.The study of comparative law has broadened our horizons and has reserved solutions for the resolution of the arbitration award cancellation procedures in China.The fifth part is the perfect path of China’s arbitration award cancellation procedure.The previous sections have analyzed in depth the deficiencies of China’s arbitration award cancellation procedures in legislation and practice,mainly manifested in the deficiencies of the procedure itself and the problem of improper connection with other systems.This highlights the necessity of timely revision of the procedure,and timely revision not only needs to draw on foreign legislation,but also conforms to the reality of the rule of law in China;not only from the formal inspection,but also from the substance and legislative spirit;not only To learn from the legislative situation at a certain stage,we should study its development process,direction and reasons.Only in this way can China’s arbitration award cancellation procedure develop in a more perfect direction.