New Study On The Third Party Of International Commercial Arbitration

The institution of the third party derives from the system of civil litigation, the core content of which is that it is necessary to add a party that is out of the case but relating to the case into the litigation as to resolve the disputes along with all the others. Among the system of international commercial arbitration, however, whether the institution of the third party should exist and how the institution of the third party operates in the system of international commercial arbitration, has been the hotspot of theoretical study on international commercial arbitration and the stubborn difficulty of the practice for a long time. Up to now, there are many controversial arguments on this point and no consensus comes out.The institution of the third party of international commercial arbitration is not only the focus of theoretical study, but also is a problem that must be faced and be resolved by the practical field. With the rapid development of international trade and the continual innovations of law theory, it is urgent to explore it deeply and completely. But the study on this problem of our national theory field is not mature and is blurry. There lack a system that is based on completely theoretical analysis and focus on practice. This paper employs a law study attitude of combination of theory and practice to clear the necessary of the third party of international commercial arbitration. The authors are eager to set up a perfect theoretical framework of the third party of international commercial arbitration and a perfect practical flow of the institution of the third party of international commercial arbitration in order to benefit the healthy development of international commercial arbitration.In the aspect of theory, this paper put more emphasis on the theoretical root of the institution of the third party of international commercial arbitration in order to point out the rationality of the exist of third party of international commercial arbitration by analysis on the core theory of arbitration mechanism. From a whole view, this paper analyzes respectively on the merit of international commercial arbitration, the character of arbitration, the exception to privity of arbitration agreement, the relationship of substantive law and adjective law, and the economic law theory. In addition, some foreign scholars' standpoint on the third party of international commercial arbitration are introduced briefly. We believe, from the content above, the institution of the third party of arbitration has big significances to the healthy development of arbitration, ensure the parties' lawful rights, resolve the disputes efficiently and justly, and to reduce society's cost. The arguments in this paper, I believe, have successfully set up a stable theoretical basis of the third party of international commercial arbitration.On the other hand, the reason why the institution of the third party of arbitration has been the nodus of the law research and many countries and arbitration institutions say no to the third party of arbitration is that there are tough difficulties in the practical field of arbitration, besides the lack of persuasible arguments in theory.In the aspect of arbitration practice, this paper designs a standard instance, and then analyzes it roundly in six ways, and draws up core conclusions about the practice of third party of arbitration in the end. We believe the system of arbitration is a way of resolving disputes with characters of both contract and justice, in which the character of contract lies in the leading position and the character of justice lies in the dependent position. They are both dispensable to the arbitration system and both play important role. The power of adding the third party into the litigation only belongs to the primary parties of the arbitration, and the tribunal and the third party have not this kind of power, which reflects the character of contract. The tribunal has the power to determine whether or not to allow the third party to join the litigation...