完善我国涉外仲裁监督机制的类比研究

Analogical Research on Perfecting Arbitral Supervision Mechanism Concerning Foreign Affairs in China

健全、完善的涉外仲裁监督机制，是我国涉外仲裁驰誉世界的重要保障。通过与ＩＣＳＩＤ仲裁的类比研究，看出我国当前在此方面存在以下问题：（１）仲裁监督的内容构成尚存欠缺；（２）裁决撤销理由的设置宽严失度；（３）司法人员对相关法律的理解适用把握不准。针对这些问题，借鉴ＩＣＳＩＤ仲裁的经验，提出完善我国有关立法与实践的具体建议。

A sound and perfect arbitral supervision mechanism concerning foreign affairs is an important guarantee for the reputation of Chinese arbitration concerning foreign affairs in the world. Through the analogical research on ICSID arbitration, it can be found that in China there are problems as follows: (1) component subject of arbitral supervision has some defects; (2) the standard for the reason of repealing awards is not well controlled; (3) judicial personnel does not understand or apply the relevant laws accurately. To counter these problems, the experience of ICSID arbitration should be taken as reference and a concrete suggestion concerning perfecting relevant legislation and practice in China has been made.