Title: The Judicial Review and the Improvement of Legislation of International Commercial Arbitration
Abstract: International Commercial Arbitration,an alternative to resolving disputes by courts,is characterized by its contractual and judicial nature,which makes it possible and necessary to review the system by the court.The judicial review includes three forms: pre-arbitration review,intermediary review,and post-arbitration review,of which the third is of the most importance.However,a judicial review must be moderate.The effect of final say of an arbitral award should be acknowledged.The scope and criteria of the review should be described concisely and clearly.The primary function of the judicial review should be support and assistance to the arbitration,with monitoring and intervening as supplementary.The main purpose for the court to execute the power is to support and promote the improvement of arbitration.China should get foreign experiences,amend our Arbitration Act and build a moderate judicial review system.
Publication Year: 2005
Publication Date: 2005-01-01
Language: en
Type: article
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