从二元到一元：对商事仲裁裁决的司法监督

Abstract

Commercial arbitration is an essential part of dispute settlement process. Judicial supervision in commercial arbitration functions to ensure the impartiality during the process. A structured and proper judicial supervision system is deemed to be a core component to improve the level of arbitration’s effectiveness in settling disputes. However, the current supervision system is conducted under both Civil Procedure Law and Arbitration Law whereby the legislations/regulations are different and not unified. This issue has influenced the effectiveness of supervision. Therefore, the judicial supervision system in commercial arbitration needs to be improved to ensure the system is regulated under a unified environment, especially for judicial supervision in domestic and international arbitration. Further, a supervision system can be established focusing on monitoring procedure process and avoid “In‐execution of Judgment”.