On Prevention Of The Judicialization Of Arbitration

Arbitration and civil litigation are two independent resolution mechanisms for civil and commercial disputes. Each has its own merits. Arbitration, as an alternative dispute resolution mechanism, should maintain its own features, rather than blindly develop towards the system of litigation and become judicialized. Judicialization of arbitration might result in the loss of peculiar advantages of arbitration like independence, flexibility and confidentiality and finally make arbitration a copy of litigation. In that case, arbitration would then suffer the same sorrowful"destiny of the dinosaurs". By adopting the methods of comparative and evidence analysis, the author starts the writing with research on fundamental concepts, features and functions of commercial arbitration and civil litigation, and elaborates further on the complementarity and interactivity of the two from a jurisprudence perspective. The author also, in this dissertation, summarizes the characteristics and impacts of the increasingly developed trend of judicialization, analyzes its causes and cultural origin, discusses relevant theories, studies the necessity to prevent such trend, makes attempt to give solutions and countermeasures as well as provides specific proposals and legislative framework to prevent judicialization of arbitration, so as to ensure the arbitration system to develop healthily.