Arbitration And Ascertainment: The Reconstruction Of The Relationship Between Arbitration And Lawsuit

Arbitration is a widely-used typical non-lawsuit system while lawsuit is a common one in solving disputes. The author surveys the relationship between arbitration and lawsuit, compares the reform of arbitration system in Britain, Brussels, Sweden and other countries, analyzes the current situation and problems of the relationship between arbitration and lawsuit as regulated in our country and restructures the relationship between arbitration and lawsuit.In terms of legal principles, the nature and characteristics of lawsuit and arbitration are basic and essential in ascertaining the relationship between arbitration and lawsuit. Depending directly on national constraints, lawsuit is forceful in solving disputes by procedure; meanwhile, there are also structural and functional limitations in lawsuit system. Comparatively speaking, arbitration is characterized by simple procedure, better efficiency, low cost, full freedom for agents concerned, being objective, flexible and conclusive. Thus it is more competitive and forms an important resource complement of lawsuit in function. Therefore, the relationship between arbitration and lawsuit should be one of coordination and equfality instead one of dependency and subordination.At present, our law defines the relationship between arbitration and lawsuit as the support and supervision of imperia for intermediation. Yet for a long time arbitration is not independent enough and is attached to lawsuit in procedure andeffect which makes it hard for arbitration system to function properly.It is essential to restructure the relationship between arbitration and lawsuit, weaken the court's degree of intervention, exert the utmost privilege and function of arbitration, make arbitration more competitive by creating a new relationship mode of complement and restraint between arbitration and lawsuit.