论文部分内容阅读
仲裁裁决不予执行,即仲裁裁决因生效而付诸执行过程中,执行当事方申请,由法院对仲裁裁决予以审核,在满足法律法律的规定情形下裁定不予执行。仲裁裁决不予执行体现了对仲裁权的监督,法院行使的监督职权是由法律赋予并保障实施的,也体现了个案由司法审核纠错的应对原则。但在现阶段,我国现行相关法律对仲裁裁决不予执行的规定还过于笼统,相关司法解释亦不够完善,导致法院在应对仲裁裁决不予执行的审核过程中依然会产生各种问题。本文拟通过对仲裁裁决不予执行在实践及立法层面的若干问题进行分析,并对完善仲裁裁决不予执行提出几点建议,以期完善我国对仲裁的司法监督体系。
The arbitral award shall not be implemented. That is, the arbitral award is put into effect as a result of its entry into force. When the implementing party applies for the application, the court shall review the arbitral award and decide not to enforce the arbitration award if the arbitral award is satisfied. The non-implementation of the arbitration award reflects the supervision over the arbitration power. The supervisory power exercised by the court is given and guaranteed by law, and also reflects the principle that the case should be corrected by judicial review. However, at this stage, the current laws in our country are still too general for the non-enforcement of arbitral awards and the relevant judicial interpretations are not perfect enough. As a result, courts still have various problems in the process of examining the non-enforcement of arbitral awards. This article intends to analyze the problems of non-enforcement of arbitral awards in practice and legislation, and puts forward some suggestions on how to perfect the arbitral awards, so as to improve our judicial supervision system on arbitration.