论法院对商事仲裁的司法监督

On the Judicial Supervision on the Commercial Arbitrate by the Court

契约性、自治性、民间性和准司法性是商事仲裁的四个特征,这些特征决定了法院司法监督的可能性和必要性。与一些国家仲裁法以及联合国国际商事仲裁示范法相比,我国仲裁法尚有不足。对其施以建设性的修改方案,有助于改善我国仲裁法的实施状况。

Contractual, autonomous, folk and quasi-jurisdictional natures are the four features of the commercial arbitrate. Such features decide the possibilities and necessities of the judicial supervision on the commercial arbitrate by the court In comparison with other countries' laws and UNCITRAL, there are still some insufficiencies in our laws. Jt is necessary for us to put forward some constructive amending plans in this respect, which help improve the practice of our law of arbitration.