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The Research on the Award System for Rescinding Arbitration
Author: YangLiuQing
Tutor: QiaoXin
School: China University of Political Science
Course: Procedural Law
Keywords: The arbitration award Withdrawal System Legislation and Practice Building Revoke v.
CLC: D925.7
Type: Master's thesis
Year: 2011
Downloads: 105
Quote: 0
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Abstract
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Arbitration as an alternative dispute resolution, due to its inherent superiority, not only increasingly favored by the parties, but has also been generally accepted by all countries in the world, and as the economic and social development and continue to develop and improve the support arbitration, the development of arbitration is becoming a world trend. Students due to the nature and advantages of arbitration itself accompanied shortcomings exist, and the role of the court in the entire dispute resolution system, making the judicial review of the arbitration becomes necessary. Aside an arbitral award system as an important part of the arbitration judicial review system, the perfection of the system will greatly facilitate the arbitration system in China's development and improvement, and to provide the parties with a more convenient and efficient dispute resolution method. Aside an arbitral award to the concept of the system as well as cancellation of the arbitration award and related concepts start to elaborate on the contents of the revocation of the arbitration ruling system and the necessity. Next, Chapter II of the article describes the the legislation current situation of our country aside an arbitral award, reveals a lot of statistics and charts aside an arbitral award system in our practice and the status quo, and of the cancellation of the arbitration ruling system evaluation, both affirmed the development of arbitration in China on the one hand, they see the inadequacies in our legislation and practice complaint system to build China's cancellation of the arbitration award, for the third chapter of the article - practice basis. Finally, we discussed the related issues aside an arbitral award. The first chapter of the article aside an arbitral award system overview. The part of the defined starting from the concept and the nature of the system aside an arbitral award aside an arbitral award and not the enforcement of arbitral awards and the difference between re-arbitration, from the point of view of the arbitration tribunal, the court and the parties discussed the cancellation of the arbitration ruling system exists necessity, laid the foundation for the full text of writing. Chapter II of the article is the analysis of the legislation and practice of the revocation of the arbitral award system. The part of the existing legislation introduced China's cancellation of the arbitration ruling system, but also through practical investigation of the case aside an arbitral award, a list of data, analysis of reasons detailed data shows that our system development status aside an arbitral award, and in the last of this make the evaluation, not only to see the welcome at the development of the system in our country, but also need to be improved urgently. The third chapter is v. system to build China's cancellation of the arbitration award. The nature of the complaints, mainly from the confirmation aside an arbitral award reconstructed aside an arbitral award subject matter of revocation of the arbitral award v. system to build, improve three aspects of the procedural matters v. revocation of the arbitral award. Chapter IV of the article explore related issues aside an arbitral award system. Including the reform of China's cancellation of the arbitration ruling a \
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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Arbitration Law
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