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Comments on China’s International Commercial Arbitral Award’s Judicial Recourse System

Author: LiuZuo
Tutor: XuanZengYi;QiXiangQuan
School: China University of Political Science
Course: International Law
Keywords: Arbitral awards Prosecution System Judicial supervision Autonomy of will
CLC: D925.7
Type: Master's thesis
Year: 2010
Downloads: 45
Quote: 0
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Abstract


With the deepening of economic globalization, all the countries around the world have more connection with each other in economic areas. The arbitration system has gradually beyond the boundaries of one country. International commercial arbitration in commercial areas attracts unprecedented attention and it also will be developed and improved. China is increasingly becoming an important member in the world economy and international commercial exchanges, and involved in more and more international commercial disputes, and its arbitration system is also progressive development and improvement.China’s arbitration system, especially foreign-related arbitration system has just started, in respect of legislation or judicial practice where there are not rational enough. This article focuses on international commercial arbitration awards system of judicial recourse, referring to the current world countries and the international conventions relevant legislative provisions, and make recommendations to China’s legislative. The article is divided into four parts:The first part discusses the arbitral award system of judicial recourse. Judicial recourse against arbitral awards system and the concept of judicial recourse have been detailed.The second part discusses the way of arbitral award judicial recourse. That part of the analysis of China’s current legislative provisions, discussing the international legislation and national regulations, and make recommendations for China’s arbitral award in judicial recourse.The third part discusses the process of judicial recourse arbitral awards. This part discusses China’s" internal reporting system "and the "first instance of final appeal system". At last, I make recommendations for China’s judicial recourse.The fourth part discusses the subject of an arbitral award of judicial recourse. In this part "Setting aside an arbitral award" and "non-enforcement of arbitral awards" have been discussed, and the recommendations have been made.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Arbitration Law
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