Study On Cancellation Procedure Of Arbitration Award

As an important means of dispute resolution in modern society,arbitration has not only won the favor of more and more civil and commercial subjects,but also gained the universal recognition of the legislation of all countries（regions） in the world due to its advantages of convenience,efficiency and high degree of autonomy.However,the inherent defects of the arbitration system,the abuse of the right of arbitration or the improper action of the parties in the arbitration process will lead to the unfair arbitration award.When the parties to the arbitration fail to safeguard their own legitimate rights and interests after exhausting the means of arbitration,the People’s court as the judicial organ of the state should take necessary supervision and correction to the arbitration to realize the right relief to the parties.As an important part of the judicial supervision of arbitration,the cancellation system of arbitration award is not only a way for the parties concerned to seek their own right relief when they refuse to accept the arbitration award,but also a means that the state supervises the arbitration activities and the arbitration award.At present,the legislative norms of the cancellation procedure of arbitration award in China are relatively simple,only a few provisions in the arbitration law and its judicial interpretation are provided.In judicial practice,the number of cases of cancellation of arbitration award keeps increasing,and the demand of the parties for cancellation of arbitration award is increasing.However,the problems such as different ways of hearing cases in local courts and the prominent tendency of the parties to delay the execution of arbitration by using cancellation procedure gradually emerge.Therefore,in order to give full play to the due value of the arbitration cancellation procedure and ensure the healthy development of the arbitration system,it is urgent to improve the arbitration cancellation procedure in China.So this article uses the literature analysis,case analysis,comparative analysis and so on,around the main research object that is the arbitral award the cancellation procedure,with the status quo of the arbitral award the cancellation procedure as the breakthrough point,analysis the existing prominent problems,and refer to the areas outside of the relevant procedures,propose some rationlity advice to consummate our country the arbitral award the cancellation procedure.This paper is divided into four parts,more than 30,000 words,besides the introduction and conclusion.The first part is around the current situation and defects of the cancellation procedure of arbitration award in China.This part explains the legislative development and judicial status of the cancellation procedure of arbitration award in China,and reveals the prominent problems of the cancellation procedure of arbitration award in China,such as general scattered legal norms,unclear legislative orientation of procedure,irrational internal reporting and verification methods,and insufficient means of judgment and relief.Then analyze the cause of the problem of the cancellation procedure of my country’s arbitration award.The second part is the basic theoretical analysis of the arbitration award cancellation procedure in my country.First of all,start with a conceptual interpretation confirm the scope of revocable arbitration awards in the revocation procedure of arbitration awards and the specific connotation of revocation.From another point of view the value of the macro system,proposed revocation of the arbitral award program has judicial supervision,promote the sustainable and healthy development of the arbitration system and the rights of the parties remedy the multiple value targets.Then,to discuss the legal nature of the arbitration award cancellation procedure,it is proposed that the arbitration award cancellation procedure has the legal nature of the dispute procedure.Finally,it summarizes the main elements of the arbitration award cancellation procedure and the two main elements of the litigation subject.The third part is about the relevant procedures outside the region.The scope of the investigation includes the legislative system,procedure application and judgment remedy of France,Germany,Japan,Russia and Chinese Taiwan.In terms of legislative style,it mainly includes two modes represented by France and Japan.In terms of the application of procedure,France applies the appellate trial procedure,Germany and Japan respectively adopt the adjudication and decision procedure of non-civil judgment procedure,while Russia and Chinese Taiwan choose the ordinary civil procedure.In terms of the relief of the judgment,the main countries and regions outside the region have given the parties a certain way of relief,mainly including appeal and protest.The last part is the perfection of the cancellation procedure of China’s arbitration award.In view of the prominent problems existing in the cancellation procedure of arbitration award in China,this section puts forward some reasonable suggestions to improve the cancellation procedure of arbitration award from macroscopic and microscopic perspectives.First of all,the author constructs the legislative style,the specific orientation of the procedure and the basic principle of the procedure from the macroscopic perspective.Secondly,from the perspective of the specific procedural rules,this paper puts forward some reasonable suggestions,such as shortening the application period,reforming the litigation standard of case fees,refining the rules of proof,improving the judgment mode and endue the parties with the right of judgment relief.