On the Pre-determination effect of Confirmed facts in Arbitral Awards
In litigation practice,facts,which have been confirmed by arbitral awards,have been generalized in the scope of prejudged facts,blurred the boundaries of prejudged facts,and confused the legal effect of prejudged facts,which stem from the lack of res judicata system in China,the unclear distinction between legal issues and factual issues,and the unclear distinction between legal and pre-determined effects of arbitral awards.The pre-determination effect derives from the legal effect of the judgment in Soviet law.The theory of legal effect of Soviet law and the res judicata theory of German-Japanese law have merged in our country,resulting in inevitable conflicts between their coexisting systems.In the context of our mixed legal system,in order to break free from the constraints of practice,the comparison between the effectiveness system of laws and the elements of res judicata,and that between the structure of legal documents in both Soviet Union and China are made.It is found that the facts and legal judgments of the main text of the arbitral award play an absolute prejudgment effect in the form of res judicata,while the facts of the fact-finding section of the arbitral award are relatively predetermined in the form of de facto effect.
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万方数据
维普
