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仲裁是国际商事交往中常见的纠纷解决机制。由于仲裁支持当事人自由选择仲裁地、仲裁程序法和仲裁实用的准据法,并且仲裁通常实行一裁终局,其便利、迅捷和自由的实施方式受到各国当事人的青睐。但也是由于仲裁的一裁终局,使受到不利裁决的一方往往想方设法寻求救济。对国际商事仲裁裁决的最主要救济仍然是司法程序,即法院的司法监督。本文拟对法院拥有的撤销国际商事仲裁裁决的管辖权进行梳理,并对我国目前的制度提出改进的建议。
Arbitration is a common dispute resolution mechanism in international commercial exchanges. Since arbitration supports the parties to freely choose the arbitration ground, the arbitration procedural law and the applicable law of arbitration, and the arbitration is usually concluded with a single verdict, its convenient, swift and free implementation is favored by all parties. But it is also due to the arbitration’s ending, that parties who are adversely implicated tend to find ways to seek relief. The main remedy for international commercial arbitral awards remains the judicial process, the judicial supervision of the courts. This article intends to sort out the jurisdiction of the court which has the power to withdraw the arbitration award of international commercial arbitration and put forward some suggestions on how to improve our present system.