Recommendations Of The Two Sides Of The Arbitration Law Amending The Law

While tracing back to the origin of arbitration, We can even went back to ancient Rome era, but arbitration worked only as a way to solve disputes in a region or a country at that time, it then had became a popular way to solve disputes on international trade, and finally has been recognized as a major method in solving commercial disputes by the world during the past few decades.Due to fastness, profession, and harmonization of arbitration, it therefore possessed some advantages, which lawsuit can't compete with. But because arbitration is basically based on mutual agreement of involved parties, that it doesn't have the enforcement power, it needs assistance from judiciary to conclude the result. And because it is a final award that it has to be monitored by judicial review to assure justice and dependence.The structure of the article after chapter two can be divided into five parts. The first part is a general discussion of related topics, including Model Law and various arbitration law in different countries, this part will serve as foundation for following discussion; The second part consists of a general comparison among these four areas and the difference will be pointed out; The third part consists of some arbitral cases and court opinions in China and Taiwan, which are related to topics; The fourth part consists of some more deeply discussions based on theories and practical application; The fifth (last) part then are the conclusions/suggestions on amendment of law based on above.The chapter II of the article describes the origin, advantage and disadvantage (compared with lawsuit) of arbitration, history and development of New York Convention, UNCITRAL Model law of International Commercial Arbitration. It also describes the history and development of arbitration in China, Taiwan, Hong Kong, and Singapore, this chapter also covers various kinds of forms, range, nationality and theoretical background of arbitration system, these can help to understand the background and historical development of arbitration on these areas. The chapter II discuss details of arbitration agreement, the difference among these four areas, existing arbitration cases on China and Taiwan, followed by discussions on international trends on the meaning and trend of arbitration agreement, then investigating what China and Taiwan can do in reforming its arbitration Law. The chapter IV discusses drawbacks of arbitration organization, the injustice from arbitrator's bias or prejudice, which then make people...