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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
Article
Research on the Revocation of Foreign-Related Arbitration Awards in Shanghai City
Author(s)
LI Xiaofu, SHEN Ruoyan
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DOI:10.17265/1548-6605/2024.04.002
Affiliation(s)
East China of Political Science and Law, Shanghai, China.
ABSTRACT
In
this article, the authors take Shanghai City as the representative region and
retrieve 48 cases related to applications for
the revocation of foreign-related arbitration awards through tools such as
China Judgments Online. Based on the compilation, induction, and analysis of
the aforementioned documents, the authors briefly outline the current basic
situation of cases applying for the revocation of foreign-related arbitration
awards: All relevant cases have the characteristics of concentrated expression
of foreign-related factors, large amount of subject matter involved, and
relatively unified focus of disputes in the case. At the same time, the authors
focus on the key issues summarized and gives the authors’ views and
suggestions: On the issue of optimizing and developing relief measures for
foreign-related arbitration awards, the authors agree to further optimize and
make special provisions for the application for revocation system, and cancel
the “no subject to execution system”; on the disputed issue of the dual track
review mechanism, the authors support the establishment of an integrated
judicial review model to reduce judicial intervention in arbitration and retain
the effectiveness of arbitral awards to the greatest extent.
KEYWORDS
foreign-related arbitration awards, revocation dual track review, Shanghai City
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