论仲裁裁决撤销制度与不予执行制度的协调

摘要

Setting aside arbitral awards and refusing to enforce arbitral awards are two significant approaches of judicial review of arbitration, and there had been heated disputes over the coexistence of them in China. Eventually the legislation has affirmed both systems. However, it is an undeniable fact that the two systems have overlapped factions. Owing to the absence and defects of rules to regulate the relationship of these two systems, conflicts and inefficiency have taken place in practice. It is necessary to emend the current legislation to ordinate these two different ways of challenging arbitral awards.%仲裁裁决的撤销和不予执行制度是当事人就仲裁裁决提出异议的两种重要方式，我国学界和实务界曾就是否应当同时设置这两种异议制度产生过激烈的争议。最终，肯定二者并存的观点得到立法的认可。但也不可否认，二者的确在功能上具有一定的重叠，我国立法对二者的协调缺乏合理的制度安排，在实践中导致了资源的浪费和程序的低效，有必要修正这一立法缺陷，以完善我国仲裁制度。