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Judicial Review of International Commercial Arbitration

Author: WangJiCheng
Tutor: ZhaoXueQing
School: Southwest University of Political Science
Course: International Law
Keywords: International Commercial Arbitration Judicial Review The necessity Theoretical Foundation And Moderate China International Commercial Arbitration
CLC: D997.4
Type: Master's thesis
Year: 2011
Downloads: 43
Quote: 0
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Abstract


Arbitration is the core language of academic research and International commercial arbitration.In the fields of International commercial arbitration, arbitration got a broad space for development, and relying on arbitration has lawsuit not possess incomparable advantages in international commercial transactions of the parties all get the favour. To meet the international commercial dispute, the vast majority of the parties of the dispute will case to his favorite tribunal to solve the problem. Although the arbitration has become a very reliable and very popular a kind of way to settle disputes, but no matter of international commercial arbitration or domestic arbitration, can avoid it with the court of the relationship between the problem. International commercial arbitration judicial review can promote international commercial arbitration justice and legalization target, also can effectively prevent malicious parties or damage or delay arbitrator arbitration procedures, accelerate the arbitration process. Meanwhile, another must carry problem is to international commercial arbitration judicial review must be reasonable, However, in China’s commercial arbitration, in the process of changing the continuous development of international commercial arbitration process, our country’s commercial arbitration relevant legal provisions also not very good with the international commercial arbitration system draws close, there still exist many such defects. In constructing a harmonious international commercial arbitration background, this paper to international commercial arbitration system and our commercial arbitration system research, the empirical analysis based on Chinese commercial arbitration system existing problem of the corresponding improving ideas and measures of our country, the development of the commercial arbitration system have certain positive significance. This paper includes five parts:First part: to international commercial arbitration segmentation, which explained, "international", "business" and "arbitration", since countries of specific conditions and legal habit of different countries, the average law is different, but the general trend is tends to be generalized. This part of the final will be our related provisions on research and the elaboration, as China’s foreign trade exchanges unceasingly expands, due to the different provisions in different countries may cause dissensions and controversial, here will be an example analysis. The second part: from the international commercial arbitration examination, and analyses the meaning of the international commercial arbitration judicial review theoretical basis. Theorists generally think of international commercial arbitration properties of general there are four main view: contract theory, judicial theory, contract theory and the judicial mixed autonomy theory. Finally discusses our country in the theory and practice of arbitration of the international commercial arbitration of the main arguments.Part three: from ancient arbitration the rudiment o arbitration to now form a fixed of dispute settlement system, is a process of constant development. It is in the development of arbitration process, produce the arbitration and court relationship. This section mainly explains the relationship between the court of arbitration and development process, and the court review of international commercial arbitration reasons.Part four: the international has been formed a nation of international commercial arbitration rationally review of practices, this section will international commercial arbitration review content analysis of international commercial arbitration, the arbitration mainly from examination basically with practical.The fifth part: to study and analysis of international commercial arbitration after China’s transition to the commercial arbitration system in our country, from the practice of the commercial arbitration system, analyzes the main problems existing in the proposed to solve these problems, and to our country commercial arbitration system for perfect corresponding ideas and measures.

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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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