关键词： 仲裁, 司法, 重复仲裁, 司法审查, 《仲裁法》

Abstract: In judicial practice,the dilemma of judicial review in duplicate arbitration lies in:(1) The overly principled "one final arbitration" norm and its alienated application,as well as the "one case,one court" system,which makes duplicate arbitration necessary for judicial review;(2) The current identification criteria for duplicate arbitration based on the identification elements of "identical arbitration parties" and "identical arbitration objects" can be deliberately avoided by the parties,and the identification effect of duplicate arbitration is not satisfactory;(3) The procedural judicial review based on the theory of procedural supervision may not meet practical needs when dealing with complex cases,and the judicial review process may become mere formality.To enhance the effectiveness of judicial review in duplicate arbitration,the legislative expression of this procedure should be strengthened in the arbitration law.Firstly,the standard of "no further action" in arbitration should be established to end the confusion between the concepts of "one final decision" and "no further action" in arbitration.Secondly,in order to curb malicious evasion of review by parties,efforts should be made to construct a new standard for identifying duplicate arbitration based on arbitration requests and factual reasons,weaken the constraint of the judicial system on the "limited review principle" of arbitration,and provide for duplicate substantive judicial review of arbitration in an exceptional manner.Finally,duplicate arbitration should be made as one of the statutory reasons for revoking arbitration awards,and disputes that deny the effectiveness of duplicate arbitration on the grounds of "unauthorized arbitration","violation of legal procedures" or "violation of social public interests" should be ended.The ultimate goal is to establish an arbitration "non bis in idem" system with the arbitration "non bis in idem" standard as the overall outline,and the identification and revocation of duplicate arbitration standards as the detailed rules.

Key words: arbitration, judicial, duplicate arbitration, judicial review, Arbitration Law