On The Pre-determined Force Of Arbitration Awards For Subsequent Litigation

Arbitration is widely used as an effective way to resolve disputes.Arbitration procedures also play an increasingly important role in China’s civil litigation system.The "Several Provisions of the Supreme People’s Court on Evidence in Civil Procedures" confirms that the legal facts confirmed by the arbitration awards that have been in force should be preemptive of subsequent litigation as evidence-free facts.However,when studying the civil judgment,the author found that different courts have different understandings of pre-determined force of arbitration awards for subsequent litigation in judicial practice.Our country’s legislation lacks systematic and clear provisions on the pre-determined force and has not formed a unified basis.Therefore,it is an urgent need for judicial practice to solve the problem of pre-determined force of arbitration awards for subsequent litigation.Judging from the existing research results,most scholars refer to pre-determined force of arbitration awards when referring to pre-determined force of court judgments,and few analyze pre-determined force of arbitration awards for subsequent litigation.This thesis starts from an arbitration case and discusses the pre-determined force of arbitration awards on subsequent litigation.Except for Introduction,this thesis is divided into four parts,totaling more than24,000 words:The first part is the arbitration case analysis.Introduce the basic situation of the arbitration case "Dandong Company and Guangzhou Dredging Company and other contract dispute appeal cases".The controversial focus of the case is summarized by analyzing the appellant’s point of view and the judgment of the first and second instance courts,which leads to the core of this thesis: pre-determined force of arbitration awards for subsequent litigation.The second part is the legal analysis of related issues.The difference between pre-determined force of the arbitration awards and pre-determined force of court judgment,the nature of pre-determined force of arbitration awards and objectivescope of pre-determined force of arbitration awards are discussed.The relevant theories about the pre-determined force of the arbitration awards are analyzed,and the rationality and feasibility of applying the collateral estoppel to the effectiveness of the arbitration awards in China are analyzed.The third part is the analysis and conclusion of the arbitration case.The focus of the controversy summarized in the first part of this article is analyzed,and a conclusion is reached: it is confirmed that the appellant ’s grounds for appeal in this case do not meet the requirements of the relevant legislation "the contrary evidence is sufficient to refute".By summarizing and arranging other cases and analyzing the handling of the pre-determined force of arbitration awards in judicial practice,it is found that the arbitration awards in most cases have pre-determined force for subsequent litigation,and most of the reasons why arbitration awards have no pre-determined force for subsequent litigation are that the legal relationship between the litigants is not determined in the arbitration award.In judicial practice,there are cases where the litigants equate the pre-determined force of the arbitration conciliation statement with the pre-determined force of the arbitration award,but the court has not denied it from the root of the force.In this regard,it should be made clear that the arbitration conciliation statement does not have the pre-determined force for subsequent litigation.The fourth part is the inspiration of the arbitration case.A clear and systematic the pre-determined force system should be stipulated in legislation.The pre-determined force of the arbitration conciliation statement,the conditions and objective scope of the pre-determined force of the arbitration awards on the subsequent litigation should be clarified in order to guide judicial practice.