论法院对国际商事仲裁裁决的程序审查

On Procedural Examination into International Commercial Arbitration Ruling by Court

程序审查是法院对国际商事仲裁裁决进行司法审查的重要内容。但长期以来,在法院对国际商事仲裁裁决进行程序审查的范围和认定程序违法的标准问题上,一直没有统一的认识。并非所有的违反程序规则的行为都可作为认定程序违法并进而撤销仲裁裁决的理由,只有那些违反程序规则的行为严重到违反了正当程序原则时,才可认定仲裁程序违法,并进而考虑是否撤销仲裁裁决。这样才符合法律建立对国际商事仲裁裁决进行司法审查的原旨和目的。

Procedural examination is a vital part of judicial investigation into international commercial arbitration ruling by the court. But for a long time there is no definite recognition of the sphere of procedural examination as well as the criteria of the confirmation of procedural violation. This paper attempts to state the opinion that not all the deeds that violate procedural regulations can be recognized as procedural violations and furthermore, the reason to withdraw arbitration ruling. Only those that threaten legitimate procedural principles can be confirmed as violation of arbitration procedure. In this way can the withdrawal be taken into consideration of arbitration ruling, which accords with the original intention and the aim of the establishment of judicial examination into international commercial arbitration ruling.