Research On The Factual Effectiveness Of Commercial Arbitration Awards

In 2019,the Revised Provisions of the Supreme People’s Court on Evidence in Civil Proceedings retained the standard of exempting facts confirmed for effective arbitral awards from evidence in litigation.However,in the theoretical research,the validity of ascertaining facts in arbitral award is wrongly defined as res judicata and prejudicial validity because it has been confused with the validity of facts determined by effective judgment for a long time.In addition,combined with the specific judicial cases,this specification applicable still exist the following problems: impact on v.after positioning is differ,part of the judge was of the opinion that the arbitration confirmed fact have legally binding,binding on court after the fact,some judges think arbitration procedure recognized the fact that only has in fact;The scope of the subject of application is unclear,and whether the difference between the parties in arbitration and litigants can affect the fact determination in the subsequent litigation;The scope of the applicable object is unknown,and the validity of the facts determined in arbitration includes both the main text of the arbitration award and the reasons for arbitration,as well as the main facts and indirectly recognized facts.In addition,commercial arbitration is characterized by confidentiality.If the facts confirmed by arbitration are used in subsequent litigation activities,the confidentiality of arbitration will be destroyed.The root cause of these problems lies in the difference between the arbitration system and the litigation system,and China has long confused the validity of the confirmation of facts by the effective award with that by the effective judgment,misread the validity of the facts determined by the arbitration and insufficient protection of the rights and interests of the third party outside the existing case.As a result,the court and the parties have different understandings on whether the facts confirmed by arbitration can be applied in the subsequent litigation.The key to solve these problems is to distinguish the effectiveness of the facts determined in the arbitration award and the effectiveness of the facts determined in the effective judgment.After the positioning is clear,the subject and object elements of the effect of proof are clarified.In view of the confidentiality of arbitration and the need to prevent false arbitration,it is clear that the validity of proof can be asserted in the following two cases: 1.Second,the party claiming the application of the determined facts is an outsider to the arbitration case.Only in this way can the parties of commercial arbitration use false arbitration procedure to confirm certain facts to infringe the rights and interests of outsiders in the arbitration case in the subsequent litigation.And to distinguish the arbitration has been definitely proved effectiveness and arbitration and being sentenced to force to confirm the authenticity of facts,the arbitration has definitely validity of facts have proved that the objective effect of scope is limited to award and does not include the ruling running parts,the author thinks that at the same time,have proved effectiveness is made up of the truth should be the main facts of the arbitration tribunal,rather than indirect and auxiliary fact.The facts established by default award,admission and settlement(mediation)should not be given evidential force and increase the burden of proof on subsequent parties because they have not been fully debated and may collude to harm the interests of subsequent parties.