A Study On The Third Party Of International Commercial Arbitration

Although the international commercial arbitration is in the process of continuous improvement and development, it still faces the momentous challenges with a constant increase of complicated commercial disputes, such as the third party in arbitration. The traditional viewpoint don't recognize the third party in arbitration, because it only solves the dispute between parties who signed arbitration agreement. But in the arbitrational practice, this will result in new suits or contradictory adjudgement based on different arbitration agreements. It need us to reconsider that whether the system of the third party should be adopted in the arbitration.This paper introduces the systematic principle of the third party in international commercial arbitration, including the concept of third party and the theoretical dispute .Besides, it makes a comparative analysis of the third party system between different countries and puts forward the specific measures about the third party in international commercial arbitration in China. This paper consists of four chapters.Chapter 1 introduces the third party system in civil lawsuit and international commercial arbitration separately. Then it defines relevant concepts of the third party, such as the consolidation of arbitration, string arbitration and multi-party arbitration.Chapter 2 introduces theoretical disputes of the third party , analyze and comment under the current legal framework, and makes analysis and comments on perspective of the supporter and opponent.Chapter 3 analyses the third party in the view of international law. It introduce the third party in arbitration in Holland, Belgium, France, and relevant rules in the London Court of International Arbitration(LCIA) , the Japan Commercial Arbitration Association(JCAA), Singapore International Arbitration Center(SIAC), summarizes current legislation and rules about third party in arbitration in China.Chapter 4 focuses on how to build the system of third party in arbitration in China in five following aspects: legislation structure, the scope of the third party, the form to join in the process, the composition of arbitration tribunal, the right of the third party.