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The Research on Judicial Supervision System of International Commercial Arbitration

Author: YanFuKuan
Tutor: GuHaiBo
School: Northeastern University
Course: International Law
Keywords: International commercial arbitration awards Judicial review system Review scope Ad hoc arbitration Public policy Arbitration agreement Nationality of the arbitration awards
CLC: D997.4
Type: Master's thesis
Year: 2009
Downloads: 37
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Abstract


Arbitration is the most well developed and widely used method outside the judicial settlement to cope with international commercial disputes. Although at the beginning of China’s reform and opening up we joined the " the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards" and our national "Arbitration Law" was put on the promulgation and implementation in 1994, with the rapid development of international commercial arbitration practice, China’s International Commercial Arbitration Legislation is fell far behind. Particularly, China’s judicial review system of international commercial arbitration awards is different from the international advanced legislation concepts and practices greatly. Imperfect system of justice will inevitably lead to confusion and contradictions of practice. Based on the systematical study and exploration in depth of many issues on judicial review system of international commercial arbitration awards, the suggestion on the improvement of judicial review system in international commercial arbitration awards is put forward to our court.This paper has three parts, introduction part, body part, and conclusion part.The first chapter is the introduction part, including comprehensive introduction to the background of topic and research significance, literature review, research methods and innovation.Chapter 2 to Chapter 5 is the body part of this paper.Chapter 2---General knowledge on judicial review system of international commercial arbitration awards. This chapter gives a brief introduction to judicial review system of international commercial arbitration award, as well as its meaning and value.Chapter 3---Current situation and problems of China’s judicial review system of international commercial arbitration awards. Through the analysis on the legal basis, review procedures, the scope and manner of international commercial arbitration awards, this chapter points out some problems in the current judicial review system of international commercial arbitration awards in China, including imprecise definition of the nationality of the arbitration awards, excessive restrictions on the content and form of the arbitration agreement, no acceptance on ad hoc arbitration, scope inconsistency between the arbitral awards and judicial review, together with abuse of public policy.Chapter 4---Comparison and inspiration from foreign judicial review system of international commercial arbitration awards. Response to issues raised in Chapter 3, through the comparison with foreign system, this chapter gives us some suggestions on those five relevant aspects.Chapter 5--- Countermeasures and suggestions on the improvement of China’s judicial review system of international commercial arbitration awards. Based on the chapter 3 and chapter 4, chapter 5 represents five aspects of the countermeasures and suggestions to deal with those five problems above.Chapter 6--- The conclusion part of this paper. This chapter points out some shortcomings of this paper and the necessity to further research on this topic.In a word, based on the study results, and through the systematical research on domestic and international judicial review system of international commercial arbitration awards, this paper points out some suggestions suitable for our country and accord with development trend.

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CLC: > Political, legal > Legal > International law > Private international law > International Commercial Arbitration and the International Maritime Law
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