Title: Judicial Review to the Arbitration: Reviewing Fact or Reviewing Procedure?
Abstract: The two books, Law of the Civil Procedure and Arbitration Law, published in our country stipulate that the people's court may supervise and review the arbitration award which violates the arbitration procedure, concerns with unfair behavior by arbitrators and infringes the social public interests. That apart, the two books also state that the people's courts have the right to review the facts and evidences confirmed in the arbitration and its legal enforcement. These provisions not only give a pretext to the parties who want to escape the arbitration award, but also provide the court a chance to interfere incorrectly in the arbitration. Hence, the above mentioned judicial review of arbitration award must be revised from the fact review to the procedure review. Such a change will not only accord with international practices, but also promote the development of arbitration in our country.
Publication Year: 2001
Publication Date: 2001-01-01
Language: en
Type: article
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