The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic dispu...The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic disputes. All the parties concerned are making intense preparations for the successful enforcement of the Law. As the first nongovernmental organisation engaged in arbitration affairs, the China Council展开更多
At the regular news press held by China Council for the Promotion of International Trade(CCPIT) held on September 22,China Academy of Arbitration Law officially published China International Commercial Arbitration Ann...At the regular news press held by China Council for the Promotion of International Trade(CCPIT) held on September 22,China Academy of Arbitration Law officially published China International Commercial Arbitration Annual Report (2014).This is the first report released展开更多
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 dome...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.展开更多
The crime of deliberately rendering an arbitral award in violation of law was provided at the end of Article 20 of the Amendment VI to the Criminal Law of the People＇s Republic of China. Such a crime is likely to be ...The crime of deliberately rendering an arbitral award in violation of law was provided at the end of Article 20 of the Amendment VI to the Criminal Law of the People＇s Republic of China. Such a crime is likely to be misunderstood because views are sharply divided on its implication and scope of application. In addition, pertinent provisions are not manipulable. The wording of violation of law should not be included in articles of the law, as legalese. The charge is the product of redundant legislation, whose provisions are bound to be considered as pieces of blank paper. The creation of the crime disrespects arbitration, and removes the peculiarities of it. The charge of the crime undermines the profession of international arbitration. Therefore, the crime should be repealed. Where cases were arbitrated wrongly, and social harms were caused, criminal law and other laws would serve as remedies.展开更多
文摘The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic disputes. All the parties concerned are making intense preparations for the successful enforcement of the Law. As the first nongovernmental organisation engaged in arbitration affairs, the China Council
文摘At the regular news press held by China Council for the Promotion of International Trade(CCPIT) held on September 22,China Academy of Arbitration Law officially published China International Commercial Arbitration Annual Report (2014).This is the first report released
文摘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.
基金The present article was finished while Professor SONG Lianbin was visiting Universite Paul Cezanne Aix-Marseille Ⅲ as a scholar. Thanks should be extended to MENG Guowei, CHEN Jinlin, YANG Juan, YANG Lin, HE Zhenxin, CUI Xianglong, WANG Baoshi, LIN Yifei, LU Shangqian, CHEN Xijia, LI Xinyu, etc. for their materials and suggestions. This work was supported by a grant from a major program of Humanity and Social Science Key Base of the Ministry of Education of China named Research into Legal Methodology of Civil and Commercial Judgments involving Foreign Elements （Grant No.08JJD820175）, as well as a grant from a major program of the National Social Science Foundation of China named Research into Puzzles and Paths of the Promotion of the Building of the Pilot Free Trade Zone under the Rule of Law （Grant No. 14ZDC016）.
文摘The crime of deliberately rendering an arbitral award in violation of law was provided at the end of Article 20 of the Amendment VI to the Criminal Law of the People＇s Republic of China. Such a crime is likely to be misunderstood because views are sharply divided on its implication and scope of application. In addition, pertinent provisions are not manipulable. The wording of violation of law should not be included in articles of the law, as legalese. The charge is the product of redundant legislation, whose provisions are bound to be considered as pieces of blank paper. The creation of the crime disrespects arbitration, and removes the peculiarities of it. The charge of the crime undermines the profession of international arbitration. Therefore, the crime should be repealed. Where cases were arbitrated wrongly, and social harms were caused, criminal law and other laws would serve as remedies.
