Journal of Northeastern University(Social Science) ›› 2023, Vol. 25 ›› Issue (1): 106-114.DOI: 10.15936/j.cnki.1008-3758.2023.01.012

• Law • Previous Articles     Next Articles

The Theoretical Basis and Practical Approach of the Procedure for Enforcement Permission of Arbitral Awards

GOU Yingpeng   

  1. (School of Law, Nanjing University, Nanjing 210093, China)
  • Published:2023-01-30
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Abstract: Enforcement permission is the precondition for the enforcement of an arbitral award. Its basis is reflected in the relationship between the effective legal documents, the enforcement force, the right to claim for enforcement and the name of enforcement. It is also related to the tension between the autonomy of private arbitration law and the enforcement of state public power. In order to reflect proper supervision of the judiciary over arbitration, the legal path of the procedure of permission for the enforcement of arbitral awards should focus on written review, not oral debate, which not only conforms to the normative value of enforcement permission, but also complements the centralized enforcement system in China. The procedure of permission for the enforcement of arbitral awards actually presents a single line structure of “creditor's application-court's power review”, and the court only needs to confirm the facts of the arbitral awards. Since the procedure of permission for the enforcement of arbitral awards is mixed with the procedure of filing for review of enforcement, the relationship between them should also be reconciled in application.

Key words: arbitral award; enforcement permission; the name of enforcement; enforcement force; written review; social and public interests

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