Several Controversial Issues on Judicial Review of Foreign-Related Arbitration in China: From the Perspective of the Amendment to the Arbitration Law  

作　　者：HE Yun 

机构地区：[1]Minhang District People's Court of Shanghai,Shanghai 201199,China

出　　处：《Frontiers of Law in China-Selected Publications from Chinese Universities》2024年第1期59-78,共20页中国高等学校学术文摘·法学（英文版）

摘　　要：With the continuous development of China's market economic system,the arbitration judicial review system based on the Arbitration Law promulgated in 1994,including the dual-track review of foreign-related and domestic cases,and the dual-supervision on procedural and substantive matters,has shown some issues that need to be studied and solved in practice.On July 30,2021,the Ministry of Justice officially announced the Arbitration Law of the People's Republic of China(Amendment)(Draft for Comment),which unified the provisions on setting aside domestic and foreign-related arbitrament,and partially revised the scope of judicial review.However,heated debate arose and many problems remained unsolved such as the setting of the scope of supervision on foreign-related arbitration cases,how to grasp the principles of procedural review,and how to place the substantive supervision after the dual-track systems were changed into unified ones.Based on the Draft for Comments,this paper analyzes several prominent issues at present,and puts forward suggestions such as expanding the criteria for identifying foreign-related factors,converging to the original supervision scope of foreign-related arbitration,adhering to the principle of procedural review,and permitting the parties concerned to agree on the scope of supervision to maximize respect for the autonomy of the will of parties,so as to build a judicial supervision mechanism for commercial arbitration betterfitting into the era.

关 键 词：foreign-related arbitration judicial review/supervision procedural review Arbitration Law amendment 

分 类 号：D92[政治法律—法学]