Legal Grounds for the Invalidation of Arbitration Award

• Main Authors: CHEN,SHIH-YUAN, 陳世源
• Other Authors: LIN, CHEN-ERH
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/78967810749725724421

碩士 === 國立臺北大學 === 法學系 === 95 === There are eleven statutory reasons for invalidating the arbitral awards under our Arbitration laws. The diversity of statutory reasons is bound to have many lawsuits in invalidating the award of arbitration which might hinder the development of arbitration system and against the arbitration legislative tend in the international arena. If fair, reasonable and legal arbitration awards could be made under an efficient and economical arbitration system, it would not only make the parties involved convinced on the awards , but also encourage the involved parties to use arbitration system to resolve disputes. This is the problem which this paper is going to probe into and find solutions. The research method will first utilize “Induction Method” with referencing to domestic and international arbitration related papers and studies and to find related judgment opinion from domestic legal cases. This study performs induction and analysis; and then uses “Deduction Method” to conduct morals analysis; and finally uses “Comparative Method” to compare the legislative system in other countries and international agreements. The research content includes: Chapter One: Introduction , this chapter explains the research motives, objectives, range and methods; Chapter Two: Arbitration System, this chapter introduces the origin, meaning, advantages , disadvantages, characteristics and types of arbitration system; Chapter Three: Arbitration Agreement, this chapter studies the drafting of arbitration clause, the arbitration clause on bill of lading, the effect of arbitration agreement to third parties and the plea in bar of arbitration agreement; Chapter Four: Arbitration Award, this chapter introduces the meaning, type, formation and effect; Chapter Five: Invalidating arbitral award, this chapter introduces the meaning, method and legal condition of suits; Chapter Six: The statutory reasons for Invalidating arbitral award, this chapter studies and analyzes the eleven reasons for invalidating arbitral award under our Arbitration law.; Chapter Seven: The effect of invalidating arbitral award, it studies when original arbitral award is repealed according to the authority, how does the original dispute resolved, and the perish prescription and interruption; Chapter Eight: Conclusion, this chapter propose suggestions for improving the regulations under our Arbitration Law regarding invalidating arbitral awards from the theoretical and practical aspects of arbitration system. Fair, reasonable and legal arbitral judgment could reduce the number of suits for invalidating arbitral awards raised by the involved parties. In Conclusion, The statutory reasons for invalidating arbitral awards should be simplified and some should be deleted and the solutions for resolving related disputes should be sought.