An Empirical Analysis of Application to Set Aside the Arbitration Mediation

Abstract

This article analyzed 126 cases on the cancellation of arbitration mediation, to sort out and summarize different position of courts on whether arbitration mediation decision are within the jurisdiction of the court. In judicial practice, the courts with a negative attitude generally dismiss the application for setting aside, while the supportive courts refer to the relevant provisions of setting aside arbitration awards to deal with the mediation decision. Based on the results of empirical research, it is legitimate for the court to accept the cancellation of the mediation decision, relevant laws also gradually determine the judicial nature of mediation decision. However, there are flaws in directly copying the provisions of setting aside the arbitration award, that more setting aside rules should be formulated for the mediation decision in the future.