Font Size: a A A

Comparative Research On Some Legal Questions Of Maritime Arbitration System In China And England

Posted on:2004-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:E E ZhangFull Text:PDF
GTID:2156360125461276Subject:International Law
Abstract/Summary:PDF Full Text Request
The thesis analyses some legal questions regarding the maritime arbitration system of English laws and Chinese laws respectively and clarifies main differences between the said two legal systems on these questions as well as points out some questions need to be improved in the Chinese maritime arbitration system from the angel of facilitating to solve the disputes and respecting the wills of the parties concerned. The thesis also researches the aspects that we could learn or improve from the mature and perfect maritime arbitration system of England. The writer expects to strengthen the effect of popularity and recommendation of maritime arbitration in China, which is one of the methods of solving disputes, and helps to research the theory of Chinese maritime arbitration deeply and comprehensively as well as to promote the healthy and stability development of our country's maritime industry.England is a big marine country in the world, whose long history of maritime industry's development gestated the earliest written legislation in maritime arbitration. With the development and imposing of its shipping industry, more relevant laws and regulations relating to maritime arbitration have been drawn up and adjusted in time by England. Because of its integrated regulations and good working mechanism in the maritime arbitration, England has always stepped in the front of the world and been the aim of study and learn by many countries in the world in legislating maritime arbitration system.By researching into the development history of English arbitration system, we could find that the legislations of arbitration and court judgments of Englandbroaden some limitations to the parties and try to protect the principle of the autonomy of the parties in the premise of asserting the legal unity and equity. Both the form and the content of the maritime arbitration agreement have been strictly prescribed in China. While with the development of practicing in England, the written form of the arbitration agreement has been broadly and expressly defined in the Maritime Arbitration Act of England. The effect of arbitration agreement would be deducted under this act. Further, the too simple and indefinite arbitration agreement would often be extended and supplemented as per the parties' subjective intentions under this act.This thesis analyzes some aspects with respect to the procedures of maritime arbitration including the constitution of arbitration court, the qualification of arbitrators, ad hoc arbitration and institutional arbitration, the simplicity procedure, and so on. By researching, we know that Chinese maritime arbitration takes the form of institutional arbitration and arbitrator's qualification is strictly required. However, London maritime arbitration belongs to the ad hoc arbitration. In the premise of having more integrated arbitration rules and high quality arbitrators, London Maritime Arbitration Association administrates its members or arbitration cases more loosely. In general, the London Maritime Arbitration provides parties concerned more rights of choice and helps to solve the disputes rapidly and economically, which accords with the original intentions of parties' choosing maritime arbitration.The category, form, availability and the acceptance and execution of the arbitral award relating to foreign elements etc. are various greatly between Chinese maritime arbitration and London maritime arbitration. The thesis expounds these questions specifically by combining international treaties and civil legislations under the writer's researches. This theses also presents some suggestions on the questions that worth to be improved existing in legal practices of maritime territory.In the end of this thesis, the writer points out the international development trend of maritime arbitration system and the current status of ourcountry's maritime arbitration system. The writer also presents his own suggestions and advices regarding the development and improvement of our country's maritime arbitration system by comb...
Keywords/Search Tags:Maritime arbitration, maritime arbitration machinery, arbitration agreed, arbitration procedure, arbitration award
PDF Full Text Request
Related items