仲裁公正与仲裁裁决的司法审查

Arbitration Justice and the Judicial Review of an Arbitral Award

公正是仲裁的灵魂所在,亦为当事人所期待。对公正的追求使当事人倾向于选择仲裁解决其财产纠纷。并且,如果仲裁的公正性尤其是程序公正受到质疑,当事人可以诉诸法院寻求救济。如是,仲裁公正性得到双重保证。法律赋予法院的有限的司法审查权包括对仲裁裁决的撤销和对仲裁裁决的不予执行。文章着重比较对仲裁(含涉外仲裁)裁决的司法审查的这两种形式并探讨其具体范围。

Justice expected by the parties concerned is the soul of arbitration. Looking forward to it, the parties prefer to refer their property disputes to arbitration. And if arbitration justice, especially its procedural justice is questioned, the parties could resort to court for remedies, which again guarantees this sort of justice. The limited power of the court authorized by law referring to the judicial review contains repealing the arbitral award and refusing to enforce it. The essay focuses on comparing these two forms of judicial reviews as well as discussing the concrete domain they involve.