CAJ | 학술논문

商事仲裁的司法监督是世界通例,但司法监督的范围、方式各国的法律规定略有差异.我国法律对仲裁的司法监督采取内外有别、撤销与不予执行并存的立法体例.不论是涉外仲裁的撤销与不予执行司法审查理由一致,还是国内仲裁的实体与程序双重审查并重,抑或是存在撤销与不予执行并列程序,都存在着诸多弊端,需要在仲裁法律上作出相应变革.
상사중재적사법감독시세계통례,단사법감독적범위、방식각국적법률규정략유차이.아국법률대중재적사법감독채취내외유별、철소여불여집행병존적입법체례.불론시섭외중재적철소여불여집행사법심사이유일치,환시국내중재적실체여정서쌍중심사병중,억혹시존재철소여불여집행병렬정서,도존재착제다폐단,수요재중재법률상작출상응변혁.
The supervision of justice administration on business arbitration is common throughout world, but the range and means of it are somewhat different among countries. Our country has her own legislation system, which differentiates between foreign countries and our own, and adopts both revocation and no implementation as well. No matter which investigation is the same. However, the arbitration system and the procedures of revocation and no implementation all have some drawbacks, need relevant reforming on the arbitration laws.