The appropriateness of legal mechanism for judicial review of arbitration proceedings is very important to the healthy development of arbitration. The objects of judicial review of arbitration proceedings can be mainly divided into issues concerning the breach of agreed arbitration proceedings and ones concerning the breach of mandatory due process requirements, and its statute law not only embodies domestic law or local law, but also has unified binding of international treaties. However, some countries or regions in history or at present make some interpretations that deviate from international mainstream practices. The good news is that this situation is getting less and less and is more and more severely criticized. In terms of statue law that judicial review concerning the breach of mandatory due process requirements of arbitration proceedings is based on, strong arbitration countries or regions not only have prominent principle stipulation, but also have made very detailed and rich case practices in succession and paly the better guidance role in the behavior of related litigants. The legal provisions in China’s Arbitration Law for judicial review of arbitration proceedings are comparatively defective, reflecting unreasonable location of most articles, no clear rules about the rights and freedom for the parties to tailor arbitration proceedings for themselves, incomplete requirements of mandatory due process, and so on. China should revise, delete or add relevant articles in the above-mentionedArbitration Law by mainly referring to overseas advanced legal system.
/ Journals / Journal of Shanghai University of Finance and Economics
Journal of Shanghai University of Finance and Economics
LiuYuanchun, Editor-in-Chief
ZhengChunrong, Vice Executive Editor-in-Chief
GuoChanglin YanJinqiang WangWenbin WuWenfang, Vice Editor-in-Chief
Comparison of Legal Mechanism for Judicial Review of Arbitration Proceedings & Its Reference to China
Journal of Shanghai University of Finance and Economics Vol. 19, Issue 02, pp. 113 - 128 (2017) DOI:10.16538/j.cnki.jsufe.2017.02.010
Abstract
References
Abstract
Cite this article
Zhang Shengcui. Comparison of Legal Mechanism for Judicial Review of Arbitration Proceedings & Its Reference to China[J]. Journal of Shanghai University of Finance and Economics, 2017, 19(2): 113–128.
Export Citations as:
For
ISSUE COVER
RELATED ARTICLES