Improving the Law Teaching System Review of Foreign-Related Arbitration in China: From the Perspective of the Amendment to the Arbitration Law

To cultivate high-quality rule-of-law talents, XI Jinping Thought on the Rule of Law must be fully carried out, the spirit of the Opinions on Strengthening Law Education and Law Theory Research in the New Era must be implemented, the law teaching system must be improved, and the paths of talent cultivation must be optimized. The first is improving the ideological and political education and legal professional ethics education, teaching the ideological and political courses and legal professional ethics courses well in line with the essence of “bringing out the facts and reasons,” and doing an excellent job in ideological and political theory teaching in all courses from the perspective of all persons, the whole process, and all-around education. The second is improving the multi-level law education and teaching system and quality certification system, supporting and developing legal vocational education, consolidating undergraduate law education, boosting graduate law education, and developing professional degree education in law. The third is improving the curriculum system for law majors, accelerating the construction of courses reflecting the achievements in the practice of state governance and administration in the new era, such as the science of intra-Party regulations, the science of oversight law, and social governance jurisprudence, and so on, exploring the availability of the characteristic new course “science of field law,” and setting up diversified major-oriented modules to accommodate a large number of new courses. The fourth is improving the practical teaching and cooperative education system, adapting to the new form and requirement of “internet + education” to innovate education and teaching methods and means, strengthening the cooperation between law schools and rule-of-law work departments and legal service providers, enhancing education through work practice, and improving the in-service education system for rule-of-law talents.

Several Controversial Issues on Judicial Review of Foreign-Related Arbitration in China: From the Perspective of the Amendment to the Arbitration Law

With the continuous development of China's market economic system,the arbitration judicial review system based on the Arbitration Law promulgated in 1994,including the dual-track review of foreign-related and domestic cases,and the dual-supervision on procedural and substantive matters,has shown some issues that need to be studied and solved in practice.On July 30,2021,the Ministry of Justice officially announced the Arbitration Law of the People's Republic of China(Amendment)(Draft for Comment),which unified the provisions on setting aside domestic and foreign-related arbitrament,and partially revised the scope of judicial review.However,heated debate arose and many problems remained unsolved such as the setting of the scope of supervision on foreign-related arbitration cases,how to grasp the principles of procedural review,and how to place the substantive supervision after the dual-track systems were changed into unified ones.Based on the Draft for Comments,this paper analyzes several prominent issues at present,and puts forward suggestions such as expanding the criteria for identifying foreign-related factors,converging to the original supervision scope of foreign-related arbitration,adhering to the principle of procedural review,and permitting the parties concerned to agree on the scope of supervision to maximize respect for the autonomy of the will of parties,so as to build a judicial supervision mechanism for commercial arbitration betterfitting into the era.