w88 casino News Network (Reporter Bao Xiaolin)3month20Seven o'clock in the evening, Arbitration Law Lecture Series of Doctoral Forum on Economic and w88 Law in Ningyuan221Start the lecture. This lecture with the theme of "Introduction to Judicial Review of Foreign-Related Arbitration and Research on Issues" was jointly sponsored by the International Economic Law website, w88 casino's law w88 casino, and the law w88 casino's general branch student union. It is one of a series of lectures on arbitration law. Judge Wang Yun, deputy chief judge of the Fourth Civil Division of the Supreme People's Court (responsible for foreign-related trials) and senior senior judge, was invited to be the speaker.
The series of lectures on arbitration law has come to an end today. The organizer has invited relevant people from different levels, courts and arbitration institutions to introduce the field of arbitration. Today's lecture was from a higher position, with senior senior judge Wang Yun introducing the situation of judicial review of foreign-related arbitrations in charge of the Fourth Civil Division of the Supreme People's Court.
Speaker Judge Wang Yun
“Arbitration has international universality. Compared with litigation, it has the advantages of short settlement time, low cost, and convenient execution. It is a common way to resolve disputes in the field of foreign-related arbitration, so it is of great significance.” Judge Wang Yun quickly got to the point, and went in-depth step by step, analyzing layer by layer, and talked about the relevant situations of foreign-related arbitration.
Arbitration is simply divided into domestic arbitration and foreign-related arbitration. Today, Judge Wang Yun mainly introduced foreign-related arbitration. According to different review standards, foreign-related arbitrations are mainly divided into foreign arbitrations, that is, arbitrations made in foreign countries by foreign arbitration institutions or ad hoc arbitral tribunals, arbitrations made by Chinese arbitration institutions in which at least one party is a foreign party, and arbitrations involving Hong Kong, Macao and Taiwan. Judge Wang Yun introduced that each court has the power of judicial review of arbitration according to its own national law (the national law of the court). When it comes to recognition and enforcement, the court will conduct judicial review of the arbitration award. According to my country’s Arbitration Law, Civil Procedure Law and New York Convention, Chinese courts have acquired the power to conduct judicial review of foreign-related arbitrations. Domestic arbitration awards can actually be subject to a certain degree of substantive review, while arbitration awards involving foreign parties and Hong Kong, Macao and Taiwan can only be subject to procedural review.
After roughly describing the overall situation of foreign-related arbitration, Judge Wang Yun introduced the case of the Fourth Civil Division of the Supreme People's Court2001New Year's Eve2006Research on foreign-related arbitration cases in the past five years. This research involves17High People's Court, the foreign-related cases accepted are mainly concentrated in the following four types: cases applying to confirm the validity of foreign-related arbitration agreements, cases applying to revoke foreign-related arbitral awards, cases in which one party applies to enforce a foreign-related arbitration award and the other party files a defense and refuses to enforce it, and cases applying to recognize and enforce foreign arbitral awards. Afterwards, she pointed out that the survey had the characteristics of rich case types and uneven regional distribution of cases, and analyzed and explained the proportion of various types of cases.
The data of this survey reflects the support of our country’s judiciary and courts for arbitration. It also reflects that after years of judicial review, foreign-related arbitration is developing in a healthy state.
In addition, Judge Wang Yun focused on elaborating on some of the standards that the court grasps in the review process of foreign-related arbitration, and provided detailed case introductions by category. The four types of cases are about how to apply the policy of preserving public order, the issue of confirmation of the validity of arbitration clauses, the issue of adjudication where there is no arbitration agreement between the parties or the arbitration agreement is invalid, and the arbitration procedure violates the arbitration rules. After that, she analyzed a recent controversial arbitration case, which gave those present a deeper understanding and experience of foreign-related arbitration.
Finally, Judge Wang Yun patiently answered the questioner’s question. The lecture ended in a relaxed and warm atmosphere.
