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Can the arbitral award be partially revoked?

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Can the arbitral award be partially revoked?


        

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  • 2024-06-10 09:00:04

    According to the arbitration award made by the arbitration institution in China, if the award itself reaches the scope of "beyond the scope of award" or does not belong to the scope that the parties want to apply for, and the matters adjudicated by colleagues can be separated from other matters adjudicated by the arbitration institution, they can apply for partial arbitration.

    List of contents of this article:

    1. Is it OK to partially revoke the arbitral award? 2. Where is the competent court applying for revocation of the arbitral award

    Is it OK to revoke the arbitral award in part

    Although the word "super determination" often appears in judicial review documents in our judicial practice, there is no clear official definition of the content of "super determination". The literal meaning of "super award" can be understood as that the arbitration commission makes an award beyond its authority. The jurisdiction of arbitration over dispute cases stems from the dual authorization of the law and the parties. If the arbitration award lacks the above authorization, it constitutes an award beyond the authority. From the perspective of legal authorization, super award means that the matters awarded by the arbitral tribunal are beyond the scope of legal provisions, that is, the arbitration matters are not arbitrable; In terms of the authorization of the parties, the super arbitration includes three situations: no arbitration agreement, arbitration beyond the scope of the arbitration agreement and beyond the scope of the arbitration request. To sum up, the causes of super arbitration can be divided into the following four categories: first, arbitration exceeds the scope of legal arbitration; Second, there is no arbitration agreement; Third, arbitration is beyond the scope of arbitration agreement; Fourth, arbitration is beyond the scope of arbitration claims. The brief analysis is as follows:

    1. Arbitration beyond the scope of legal arbitration

    Due to the quasi judicial nature of arbitration, the scope of arbitration is usually strongly stipulated by law. According to Article 2 of the Arbitration Law, "contract disputes and other property rights disputes between citizens, legal persons and other organizations with equal subjects can be arbitrated", if the dispute does not belong to the above legal provisions, such as the custody of children, Even if the parties reach an arbitration agreement, the Arbitration Commission shall not arbitrate, otherwise it will constitute beyond the scope of legal arbitration. Article 3 of China's Arbitration Law also specifically stipulates that arbitration is not allowed: "The following cannot be arbitrated: (1) disputes over marriage, adoption, guardianship, maintenance and inheritance; (2) administrative disputes that should be handled by administrative organs according to law."

    2. No arbitration agreement

    The source of arbitration power includes the authorization of law and the authorization of the parties. The law completes the authorization of law in the form of specifying arbitration matters, and the authorization of the parties is based on the arbitration agreement. The content of an arbitration agreement generally includes the willingness to arbitrate, the arbitration matters, the selected arbitration institution, etc. The absence of an arbitration agreement between the parties usually includes the following circumstances: (1) there is no arbitration agreement between the parties; (2) The parties have not agreed on an arbitration institution; (3) If the parties have signed an arbitration agreement but the name of the arbitration institution agreed in the arbitration agreement is inaccurate and the specific arbitration institution cannot be determined, it is also deemed that no arbitration institution has been agreed; (4) If the parties only agree on the arbitration rules applicable to the dispute, but cannot determine the arbitration institution according to the agreed arbitration rules, it is also deemed that no arbitration institution has been agreed; (5) The arbitration agreement signed between the parties is confirmed to be invalid.

    3. Arbitration beyond the scope of arbitration agreement

    An important agreement in the arbitration agreement is the agreement on arbitration matters. The agreement on arbitration matters in the arbitration agreement limits the scope of arbitration of the arbitration commission, which can only arbitrate within the scope of arbitration agreed by the parties.

    4. Arbitration beyond the scope of arbitration claim

    Where is the competent court applying for the revocation of the arbitral award

    1. The cancellation of the arbitration award shall be submitted to the intermediate court of the place where the arbitration commission makes the award.

    2. The application for setting aside the arbitration award shall be submitted within six months after receiving the award.

    3. The Arbitration Law stipulates that:

    Article 58 The parties may apply to the intermediate people's court in the place where the arbitration commission is located for cancellation of the award if they provide evidence to prove that the award involves one of the following circumstances:

    (1) There is no arbitration agreement;

    (2) The matters awarded do not fall within the scope of the arbitration agreement or the arbitration commission has no power to arbitrate;

    (3) The composition of the arbitration tribunal or the arbitration procedure violates the legal procedure;

    (4) The evidence on which the ruling is based is forged;

    (5) The other party conceals evidence sufficient to affect the impartiality of the award;

    (6) The arbitrator asked for or accepted bribes and perverted the law when arbitrating the case.

    The people's court shall rule to cancel an award if it is verified by a collegial panel that the award falls under one of the circumstances specified in the preceding paragraph.

    If the people's court finds that the award is contrary to the social and public interests, it shall rule to cancel it.

    Article 59 If a party applies for setting aside an award, it shall do so within six months from the date of receiving the award.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

    1***

    2024-06-10 09:00:04

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