Welcome to Francis Academic Press

The Frontiers of Society, Science and Technology, 2022, 4(6); doi: 10.25236/FSST.2022.040612.

An Empirical Analysis of Application to Set Aside the Arbitration Mediation

Author(s)

Zhou Shuxi

Corresponding Author:
Zhou Shuxi
Affiliation(s)

School of Law and Humanities, China University of Mining and Technology-Beijing, Beijing, China

Abstract

This article analyzed 126 cases on the cancellation of arbitration mediation, to sort out and summarize different position of courts on whether arbitration mediation decision are within the jurisdiction of the court. In judicial practice, the courts with a negative attitude generally dismiss the application for setting aside, while the supportive courts refer to the relevant provisions of setting aside arbitration awards to deal with the mediation decision. Based on the results of empirical research, it is legitimate for the court to accept the cancellation of the mediation decision, relevant laws also gradually determine the judicial nature of mediation decision. However, there are flaws in directly copying the provisions of setting aside the arbitration award, that more setting aside rules should be formulated for the mediation decision in the future.

Keywords

mediation decision; application of revocation; legislative analysis

Cite This Paper

Zhou Shuxi. An Empirical Analysis of Application to Set Aside the Arbitration Mediation. The Frontiers of Society, Science and Technology (2022) Vol. 4, Issue 6: 74-79. https://doi.org/10.25236/FSST.2022.040612.

References

[1] Liu Shan.(2021)Judicial review of arbitration mediation and settlement awards[J].Journal of Fuyang Normal University(Social Science).(2):99-106

[2] Ma DengKe.(2021)The review logic and system improvement of execution credentials based on agreement [J]. Science of Law (Journal of Northwest University of Political Science and Law).39(6):174-183.

[3] Li HaiTao.(2019)An Empirical Analysis of the Court’s Practice on Setting Aside the Conciliation Statement[J].Tianjin Legal Science.(4):13-23.

[4] Li XianSen.(2022)Guarantee and limitation of autonomy of will in international commercial arbitration[J]. Law Science.(4):179-192.