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      2. Improve Arbitration-Related Judicial Review System
        Improve Arbitration-Related Judicial Review System
        2021/3/24 11:07:36  點擊率[9056]  評論[0]
        【法寶引證碼】
          【學科類別】仲裁
          【出處】www.legaldaily.com.cn
          【寫作時間】2019年
          【中文關鍵字】
          【英文關鍵字】Arbitration; Judicial Review System
          【全文】

          The Supreme People's Court will actively support the development of the arbitration and standardize the procedures of the confirmation of the validity of an arbitration agreement, the preservation in arbitration, the examination of the setting aside and disallowance of arbitration awards. The people's courts at various levels are required to notify arbitration institutions in a timely manner of the problems spotted in the review and enforcement of arbitration awards, respect the rule of arbitration, strictly adhere to the arbitration-related judicial review procedures, so as to improve the quality of arbitration and provide a strong judicial safeguard for the participation of  arbitration institutions in the establishment of a diversified dispute resolution mechanism.
           
          In recent years, the Supreme People's Court and the people's courts at various levels have further supported the supervision of arbitration and regulated the right of judicial review of arbitration by the people's courts in accordance with the overall arrangement of “improving arbitration system and the credibility of arbitration” in the Fourth Plenary Session of the 18th CPC Central Committee, by issuing a number of judicial interpretations and regulatory documents, cases of examination and enforcement of arbitration awards, creating a judicial environment that supports arbitration, and safeguard and improve the credibility of arbitration.
           
          First, formulate and issue judicial interpretations in a timely manner to regulate and guide arbitration behavior.The Supreme People's Court provide a strong safeguard for the adoption of property preservation measures in the arbitration process through the Provisions of the Supreme People's Court on Several Issues concerning Cases of Property Preservation Handled by the People's Courts . Through the Relevant Provisions of the Supreme People's Court on Issues concerning Applications for Verification of Arbitration Cases under Judicial Review andthe Provisions of the Supreme People's Court on Several Issues concerning Deciding Cases of Arbitration-Related Judicial Review, the Supreme People's Court clarifies the review and verification procedures in the cases of arbitration-related judicial review. Through the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Cases by People's Courts to Enforce Arbitration Awards and the Official Reply of the Supreme People's Court to Issues Concerning the Application of Law for the Case-filing and Enforcement for “Prior Arbitration” Awards or Mediations Documents,  the criteria for the enforcement of arbitration awards has been unified, and the so-called “innovation” chaos of “prior arbitration” has been corrected.
           
          Second, promote arbitration to better play its role in the national governance system and in serving the overall interests through the release of judicial policy documents. The Supreme People's Court issued the Opinions of the Supreme People's Court on People's Courts on Further Deepening the Reform of Diversified Dispute Resolution Mechanism of the People's Courts, emphasizing the rational allocation of social resources for dispute resolution and requiring the people's courts at various levels to strengthen connection with the arbitration institutions and actively support the reform of arbitration system. The Supreme People's Court issued the Several Opinions of the Supreme People's Court on the Provision of Judicial Services and Safeguards by People's Courts for the Belt and Road Initiative and the Opinions of the Supreme People's Court on Providing Judicial Guarantee to the Construction of Free Trade Zones to enhance the role of international commercial and maritime arbitration in the construction of the Belt and Road Initiative and to support the arbitration institutional innovation in the Free Trade Zones. Through the Notice of the Supreme People's Court on the Relevant Issues in the Centralized Handling of Cases of Arbitration-Related Judicial Review  promulgated by the Supreme People's Court, the cases of domestic and international arbitration-related judicial review of both shall be handled by the divisions or the collegial panels that are responsible for foreign-related cases in the people's courts to ensure the unification of adjudication standards.
           
          Third, handle cases of arbitration-related judicial review and enforcement of arbitration awards to support and supervise arbitration to develop in a healthy way. The Supreme People's Court and the people's courts at various levels always upheld both support and supervise, also encourage and regulate the arbitration, recognize the arbitration awards made in accordance with  the law, and set aside or disallow the arbitration awards which are against the Arbitration Law of the People's Republic of China and other relevant laws. The people's courts guarantee the arbitration institutions to arbitrate lawfully by accurately performing their function of judicial supervision of arbitration conferred by the law so that the legitimate rights and interests of parties can be protected and the credibility of arbitration can be maintained.
           
          Next step, the Supreme People's Court will further improve various operational mechanisms of judicial support and supervision of arbitration, jointly improve the quality and the credibility of arbitration, and promote a healthy and rapid development of China's arbitration in the New Era.
           
          Specifically speaking, the Supreme People's Court will strengthen communication and cooperation with the Ministry of Justice and summarize the experience of arbitration work. An operational coordination mechanism will be established, which can improve work efficiency for the timely communication of problems spotted in the cases of arbitration-related judicial review and modification of arbitration-related judicial interpretations. The Supreme People's Court will support  domestic arbitration institutions in seizing the opportunity from the reform of the central government to enhance the credibility of arbitration to establish a new mechanism that meets the demands of the New Era, to reform the old operational modes, to boldly explore, innovate and reform, in order to constantly improve the arbitration system of socialism with Chinese characteristics that meets the requirements in the New Era.
           
          The Supreme People's Court will support reform and innovation and give full play to the role of arbitration in providing judicial services in national strategies including the construction of the Belt and Road Initiative. Arbitration institutions are encouraged to integrate online arbitration into the diversified dispute resolution platform, using information technology to achieve coordinated development of online and offline dispute resolution mechanisms and to improve the overall effectiveness of social governance.
           
          The Supreme People's Court will actively support the development of arbitration and standardize the procedures of confirmation of the validity of an arbitration agreement, the preservation in arbitration,  the examination of the setting aside and disallowance of arbitration awards. The people's courts at various levels are required to notify arbitration institutions in a timely manner of the problems spotted in the review and  enforcement of arbitration awards, respect the rule of arbitration, strictly adhere to the arbitration-related judicial review procedures, so as to improve the quality of arbitration and provide a strong judicial safeguard for the participation of  arbitration institutions in the establishment of a diversified dispute resolution mechanism.
           
          The Supreme People's Court will promote the enhancement of arbitration service, and create arbitration brands with international influence. We will further take the advantage of arbitration in handling international trade and investment disputes, follow and respect the law and rules arbitration, and respect parties' voluntary choices . We will strengthen industry self-regulation and constantly improve the standard and orderly development the judicial review and the enforcement of arbitral. We will encourage domestic arbitration institutions to participate in foreign-related disputes resolution, to actively explore practice in international investment disputes, from which pilot experiences are summarized for a high-level participate in international cooperation. We will encourage and support the reform and innovation of domestic arbitration institutions, expand the international arbitration market, and build arbitration brands with international influence. We will take an active part in the modification of international arbitration rules and in fostering  high quality and high level arbitrators with international recognition to enhance  international competitiveness and voice China's arbitration, which meets the increasing diversified demands of Chinese and foreign parties in dispute resolution and creates a favorable legal environment for major national development strategies.

          【作者簡介】
          Luo Dongchuan

          本網站文章僅代表作者個人觀點,不代表本網站的觀點與看法。
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