国际商事仲裁中的意思自治和司法审查——以合意变更为核心-国际法学专业论文.docxVIP

哈尔滨工业大学法学硕士学位论文 哈尔滨工业大学法学硕士学位论文 - - II - Abstract Along with the growth of HYPERLINK /international/ international business and exchange, HYPERLINK /international/ international commercial arbitration is more and more widespread, which is an alternative dispute settlement system, with non-judicial nature. The party autonomy principle , as a spirit of the international commercial arbitration, works throughout, and thus it has becomes a hot topic in the academic community. In the HYPERLINK /society/ society ruling by law, the arbitration is brought into the state legal system inevitably, and the judicial review is the main form. Especially in the international commercial arbitration, the judicial review is seen as a method to defend HYPERLINK /state/ state judicial HYPERLINK /sovereignty/ sovereignty. The judicial review in the international commercial arbitration has the branch of broad sense and narrow sense. Say from broad sense, it is more than supervision, HYPERLINK /support/ support and assistant to the arbitration contained; say from the narrow sense, the judicial review of the arbitration is narrowly defined as the supervision of the court to the arbitration, such as annulment , recognition and enforcement of arbitral awards, which is called HYPERLINK /afterwards/ afterwards supervising. This paper will discuss under the narrow sense. In the practice of the international commercial arbitration, some parties agree to modify the scope of the judicial review. Whether the national court should follow the parties’ will to review the arbitral awards, the law varies in HYPERLINK /different/ different countries; even the judgments are different in one country. There are different views in the legal community ， which can be divided into three categories. This paper is based on the detailed HYPERLINK /analysis/ analysis of the relative theories, and then put foreword the HYPERLINK /coordination/ coordinational way of justice HYPERLINK /and/ and HYPERLINK /e