Study On The Subject Matter Of Setting Aside Of Arbitration Awards In China

Since the promulgation of the Arbitration Law of the People’s Republic of China(hereinafter referred to as the "Arbitration Law"),China’s socio-economic and commercial modes of interaction have undergone tremendous changes.China’s policy on arbitration has also gradually shifted from restricting arbitration to supporting arbitration,and people in business activities are increasingly choosing arbitration as a means of dispute resolution.One of the remedies available to parties to an arbitral award made against consent is to apply for setting aside the arbitral award.However,the Arbitration Law provides for unreasonable grounds for setting aside arbitration awards,which affects the function of the entire arbitration system and is not in line with the current policy of supporting arbitration in China.The correct understanding and setting of the grounds for setting aside an arbitral award is related to whether the judicial supervision of arbitral awards can be reasonable.The study of the cause of setting aside begins with the study of the basic theory of the arbitration award setting aside system,which includes the exploration of the basic nature of arbitration and the arbitration award setting aside system,as well as the interpretation of the policy orientation of judicial supervision of arbitration in China.On the basis of the basic theories,the functions and purposes of the grounds for setting aside arbitral awards are analyzed,and the rationality and necessity of determining the grounds for setting aside arbitral awards are argued.Secondly,the determination of the grounds for setting aside an arbitral award does not contradict the application of the principle of "finality of arbitration",which is one of the fundamental connotations of the arbitration system and reflects the autonomy and efficiency of arbitration,and the determination of the grounds for setting aside an arbitral award is also based on The grounds for setting aside an arbitral award are also based on the fact that the arbitral award does not satisfy the consent of the parties or is unjust.After a certain analysis of the general theory and efficacy of the grounds for setting aside an arbitration award,we focus on the defects of the grounds for setting aside an arbitration award in China,with two main parts,the analysis of the macro policy orientation and the evaluation of the specific grounds for setting aside.First,although China has continuously demonstrated a pro-arbitration attitude in its policies,there is still a tendency for the state to actively interfere with arbitration in the application of specific grounds for setting aside arbitration awards,which is essentially an ambiguity in the boundary between the state and society,and a lack of trust in arbitration as a private dispute resolution mechanism by the public power of the state.Second,two of the statutory grounds for revocation under the Arbitration Law are evidence-related grounds,as evidence ultimately affects the determination of the facts of the case.We do not distinguish between statutory and conventional grounds for revocation.Considering the protection of the autonomy of arbitration and the constraint of "one award,one decision",the current grounds for setting aside arbitral awards need to be adjusted on the basis of a "lenient judicial supervision".Based on the experience of foreign countries in setting aside arbitral awards,this paper proposes to amend the grounds for setting aside arbitral awards in China from the macroscopic and specific grounds respectively.Firstly,it proposes the ideas and principles for determining the grounds for setting aside an arbitral award from a macro perspective,adhering to the policy of supporting arbitration,clarifying the boundary between the state and society,and the coexistence of substantive and procedural grounds;secondly,it proposes specific amendments to the grounds for setting aside in Article 58 of the Arbitration Law,i.e.,the court should set aside an arbitral award on the grounds of invalidity of the arbitration agreement,allowing the parties to agree on some of the grounds for setting aside,and abolishing the grounds for The court should set aside the arbitration award on the grounds of invalidity of the arbitration agreement,allow the parties to agree on some of the grounds for setting aside,abolish the ground of "abusive award",and adjust the tender for the "social public interest ground" as well as make this ground one of the grounds for the parties to apply for setting aside the arbitration award.