Research On Judicial Application Of The Reasons For Violation Of Legal Procedures In The Revocation Of Arbitral Awards

When it comes to arbitration,procedural issues and procedural justice are the life of arbitration and the source of its credibility and impartiality.It is not enough for the adjudication results to be universally recognized by the people,it is necessary to ensure that the arbitral award process meets the requirements of fairness and justice.Therefore,the reason for the revocation of the arbitral award is specially set up as the cause of violation of legal procedures.However,with the increase of arbitration cases,the number of cases where the parties apply to the court to revoke the arbitral award is also increasing,among which the arbitral award violates the legal procedural grounds and applies the most frequently,which leads to the issue of judicial application that arbitral award violating the legal procedural reasons.This article takes the grounds of violation of legal procedures among the grounds for annulment of domestic arbitral awards as the research object,analyzes the problems and causes of violations of legal procedures from the perspective of understanding and application in judicial practice,and puts forward corresponding suggestions for improvement.In addition to the introduction and conclusion,the full text consists of four parts: the first part mainly analyzes the basic theory of violation of legal procedures in the revocation of arbitral awards.Firstly,it defines the concept and scope of violations of legal procedures in the revocation of arbitral awards;secondly,it analyzes the theoretical basis for determining the violations of legal procedures in the revocation of arbitral awards;Finally,it further discusses the value goal of determining the reasons for violating the legal procedure in the revocation of the arbitral award.The second part is the judicial status quo of applying the grounds of violating legal procedures in the revocation of arbitral awards,including the discovery and raising of problems.By analyzing a large number of practical trial cases and specific grounds for violating legal procedures,summarize the judicial referee ideas and problems in applicable in violation of the legal procedures.Specifically,the courts currently have a tendency to expand the scope of review in the application of violations of legal procedures,judicial determination standards are inconsistent,and parties use this reason to delay the execution of arbitral awards.The third part analyzes the reasons for the problems existing in the application of violations of legal procedures in the revocation of arbitral awards,mainly including the incomplete provisions of the Arbitration Law on arbitration procedures,the lack of judicial guidance for adjudications that violate legal procedures,and the communication mechanism between the court and the arbitration institution is not perfect.The fourth part is the consummation proposal to apply the violation of legal procedures in the revocation of the arbitral award.The first is to improve the provisions of the arbitration procedure in the "Arbitration Law" to unify the standards of review;in the case of perfect laws,strengthen the guidance of the adjudication from the judicial level to reduce the court’s intervention in the arbitration,and improve the communication mechanism between the arbitration institution and the court,to ensure full understanding of the arbitration procedure and the opinions of the arbitral tribunal during the review process,improve the efficiency of the review.