Research On Third Party System Of International Commercial Arbitration

The international commercial arbitration system has already developed for hundreds of years and being an important role in solving international civil and commercial disputes. With the complication of international civil and commercial actives, traditional international commercial arbitration system could not cope with the large numbers of problems aroused from the third party in practice day by day. Originally, the institution of the third party origins from civil litigation and the core content of this system is to introduce the outsiders related with the cases to the procedure in order to solve the disputes together.In practice, most of the national legislation and arbitration rules have not yet formally introduce the third party system of international commercial arbitration. However, denying the third party in international commercial arbitration often leads to negative results that disputes cannot be solved substantially and such solutions go against the original attention of the parties. Therefore, whether it is necessary to establish the third party system in international commercial arbitration has always been a hot and difficult point both in theory and practice. Because arbitration originated from civil relationships and has be seen as a kind of disputes settlement mechanism base contracts, namely the consensus is its foundation. This is the essential difference between arbitration and lawsuit. As a result, in accordance with the traditional viewpoint, the third party of the original arbitration procedure shall not participate in the procedure.The first two chapters of this paper offer a deep discussion and summarization of theoretical disputes and questions, basing on a systematical introduction of the system of international commercial arbitration. And then, the third chapter does a systematic research on different legislations of several countries and arbitration rules of famous arbitration organization in the world, by providing numbers of cases and relevant material. The last chapter focuses on the analysis of the current situation of China. The starting point of this chapter is the existing prominent problems and needs. Finally, this paper provides several possible suggestions to the third party system of international arbitration of China from the aspects of legal theory, feasibility and specific design of the procedures.The purpose of writing this paper is to demonstrate the feasibility and necessity of the third party system of international commercial arbitration in China and to provide practical and effective ideas and suggestions via researching on the advanced theoretical and practical experience overseas.