我国涉外仲裁的司法审查及其修改与完善

Judicial Review on International Commercial Arbitration in China and Its Modification

我国立法和司法实践顺应了国内法院只对涉外商事仲裁案件进行程序审查的潮流。但我国涉外商事仲裁司法审查的范围,司法审查的法律程序及对司法审查结果的处理仍存在不足,针对以上存在的问题提出了修正和完善我国涉外商事仲裁司法审查的建议。

Judicial Intervention of People's court is strictly confined to arbitral proceedings of International Commercial Arbitration which is the case in most of the countries in the world. One of the major loopholes with respect to judicial review is that it doesn't clearly specify what items should be reviewed by the people's courts. It is also not clear what kind of procedure should be followed by the people's courts, the result of the judicial review is another problem in question.This article has put forward some suggestions on solve these problems.