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仲裁作为经济与效率的争议解决方式,也有其缺陷。为了避免具有终局效力的仲裁出现失误,仲裁制度需要制定出监督与救济的机制来匡正和防范。仲裁的司法监督是人民法院对仲裁裁决的审查与监管,从某种意义上说,仲裁还要受到法院的制约。本文主要以国内的民商事仲裁为视角,分析国内仲裁的司法监督以及监督失误的救济机制。仲裁司法监督以及监督失误的救济机制在当前存在诸多问题,如何分析解决这些问题,这一课题随着仲裁的广泛发展而越来越重要。
Arbitration, as a solution to the dispute over economy and efficiency, also has its drawbacks. In order to avoid mistakes in the final arbitration, the arbitration system needs to establish a mechanism of supervision and relief to rectify and prevent it. Judicial supervision of arbitration is the examination and supervision of arbitral awards by the people’s court. In a sense, the arbitration is subject to the court’s restriction. In this paper, mainly from domestic civil and commercial arbitration for the perspective of judicial supervision of domestic arbitration and supervision of mistakes relief mechanism. At present, there are many problems in the judicial supervision of arbitration and the remedy mechanism to supervise mistakes. How to analyze and solve these problems is becoming more and more important with the extensive development of arbitration.