我国仲裁司法监督中存在的问题与对策

On the Issue of Judicial Supervision on Arbitration and some Countermeasures

当前我国的仲裁司法监督在对内国仲裁和涉外仲裁方面实行内外有别的“双轨制”,对内国仲裁的司法监督主要限于“实体”方面,仲裁司法监督的内容缺少“公共秩序”条款的限制,仲裁庭的权力过小。今后我国应当逐步加以改正。

The paper starts with rethinking of of the present judicial supervision on arbitration in China. Andit is held that there are discriminations between domestic and foreign arbitrations. The judicial supervision ondomestic arbitration is limited on substantive law; the item relating to public order is not applicable to domesticarbitration; and the power of arbitrators is rather limited. Those problems are expected to be resolved in Chinaon the issue of judicial supervision on arbitration.