国内民商事仲裁撤销事由的范围探讨

On Scope of Causes for Arbitration Abolishment of Domestic Civil Law and Commercial Law

我国国内民商事仲裁撤销事由的范围,与域外立法相比,实体性事项规定得较多,程序性事由涵盖过窄;实践中,作为当事人申请撤销仲裁的理由中,实体性事项被选择的过多,相应的司法审查也难以产生良性效果;理论上,保障公正、维护仲裁、接轨国际等原则的共同指向一个逻辑结果;具体事由的设置上,也存在一些问题。

Compared with its counterparts in other countries,the scope of procedural causes for arbitration abolishment of Domestic Civil Law and Commercial Law is narrower in China,although its coverage of entity proceedings is wider.Practically,no adequate results of corresponding justice reviews can be achieved when the proceedings of choice in entity are overabundant in the scope of causes for arbitration abolishment of the concerned party.In addition,theoretically,such principles as guarantee of justice,maintenance of arbitration and conformity with the international practices all logically lead to the same or similar consequence.Finally,there exist some deficiencies in the advance of specific causes as well.