Empirical Analysis Of The Judicial Review System Of Arbitration Award In China

Arbitration,as one of the important ways of commercial dispute resolution,has unique advantages such as high efficiency,economy and final decision,while arbitration has the characteristics of civility and contract,and judicial supervision of arbitration is an inevitable requirement for the formation of checks and balances in the arbitration decision mechanism.According to the application of the parties,the people’s court examines and dismisses the application for the revocation of the arbitral award and the non-execution of the arbitral award in accordance with the law,which is the main form of judicial review of the arbitration award in China at present.This paper selects the empirical study of the judicial review cases of arbitration awards of some intermediate people’s courts from 2016 to 2019 published by the China Referee’s Instrument Network,and finds the problems in the system design and application of judicial review system through the collation and analysis of the specific data of judicial examination cases,summarizes the shortcomings of arbitration institutions in arbitration procedures,and throw out some suggestions.The article includes the basic situation of research,research data collation,problem summary and suggestions for improvement.The first chapter mainly introduces the basic situation of research.This paper expounds the purpose of the research,the reasons for choosing the Chinese refereeing instrument network as the source of the research data,the study’s past and the method of the research.Because the cases disclosed by the Chinese adjudication instrument network are more comprehensive,we hope to collect,organize and analyze large data through the judicial review cases of arbitration awards of some intermediate people’s courts disclosed by the Chinese judicial instrument network,and adopt the literature research method,the data research method and the case study law to summarize the system design problems of the judicial review system itself,the problems of judicial application and the problems existing in the arbitration proceedings of the arbitration institutions,and put forward targeted suggestions.The second chapter is mainly on the arbitration award judicial review case research data.Through a comprehensive analysis of the basic circumstances of the application for revocation and non-execution of the arbitral award,the reasons for the application for revocation or non-execution of the arbitral award,and the data on the examination of the award by the court,including,in particular,the number of cases specifically received between 2016 and 2019,the type of contract involved in the arbitral award to be withdrawn or not enforced,the reasons for the application for revocation of the arbitral award,the reasons for the application for non-execution of the arbitral award,The results of the court’s review,as well as the data of the reasons for the court’s decision to revoke or not enforce the arbitral award,provide an understanding of the current state of operation of the system.The third chapter puts forward the questions and analyzes on the basis of the data collation of the second chapter.Through the study of the case,it is found that there are four problems in the design of the judicial review system in its own system: the parallel problem of applying for revocation and the non-execution of the arbitration award system,which raises the issue of "repeated examination" and judicial efficiency between the two.In the course of judicial review,the court has five problems: for the arbitration mediation letter,some courts on the grounds that it does not fall within the scope of the examination,some courts to consider whether it can apply for revocation of the examination criteria are not the same;The criteria for examination of whether or not a violation of statutory procedure is a cause are different,the standards for examination by the courts for whether it is contrary to the public interest,and the criteria for the examination of the reasons for "falsifying evidence" and "concealing evidence",the criteria for falsifying evidence,how it belongs to the evidence on which the award is based,and what constitutes concealment of evidence,and the extent to which it is "sufficient".Through the analysis of the arbitral award which has been decided to be revoked or not enforced,it is concluded that there are two procedural problems in the arbitration institution: the problem that the service procedure needs to be further standardized and perfected,and the problem that the arbitration institution does not fully guarantee the legality of the trial procedure.The fourth chapter discusses the suggestions for perfecting the relevant problems.With regard to the design of the judicial review system,domestic arbitral awards need to be conditionally abolished and an outsider application for revocation of the arbitral award system should be established,the examination of the substantive reasons in domestic and foreign arbitral awards should be can celled in order to achieve consistency in the scope of domestic and foreign examination,the parties to arbitral awards that have been ruled to be revoked or not enforced shall be granted the right of appeal,so as to take into account the efficiency and fairness of judicial review.In terms of judicial application,the people’s court should uphold the attitude of supporting the final nature of arbitration,adhere to the principle of prudent and limited judicial supervision,and strictly examine the reasons of public interest in arbitration mediation,except in cases contrary to the public interest;Depending on the correlation between civil punishment and the degree of influence on each other,whether the subject and facts of the two are exactly the same,and whether the two conflict on the issue of both the judgment of the proceedings or the judgment,in the current application for revocation and non-enforcement of the arbitral award system in parallel,the examination of the cause of evidence should be strictly restricted.For arbitration institutions,we should strengthen the formulation of the relevant arbitration rules for service,improve the validity and legality of service,pay attention to guaranteeing the legality of the proceedings,conducting the hearing within the scope of the arbitration agreement and the arbitration request made by the parties,and safeguarding the parties’ right to give evidence.