Title: Party’s Autonomy and Judicial Review in International Commercial Arbitration
Abstract: Party’s autonomy is a fundamental principle in international commercial arbitration. In practice,parties to the dispute may agree to expand the scope of judicial review. As to the effects of such agreement on expansion,courts in United States and China follow different judgments. New York Convention and the relevant domestic laws and regulations provides limited exclusive list for vocation or enforcement of arbitral awards. Judicial review of arbitral awards should not be considered as part of arbitration proceedings,and should not be expanded according to parties’ autonomy;otherwise the judicial integration of national courts will be prejudiced. Thus,the agreement on expansion of judicial review should be ruled as void.
Publication Year: 2009
Publication Date: 2009-01-01
Language: en
Type: article
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