The Analysis And Proposals On The Third Party Of Arbitration

In China, economics system and society are in reforming and disputes increases in a great speed. As a significant solution to disputes, arbitration helps the reforming and opening policy a lot. Not only the development of arbitration can release burden of the court, but also improve the competition of China legal service .Compared to litigation, the advantage of arbitration is convenience and efficiency, and the third party arbitration makes arbitration more convenient and efficient. This essay is mainly about the arising, theory, practice and the writer's conception of the third party arbitration.The essay is divided into four chapters, which all are on the central theme and every chapter is closely related. The first chapter is about the arising, the current definitions of the third party of arbitration and writer's viewpoint on the definition of the third party of arbitration.The second chapter lists the main theories which support the third party arbitration and illustrates some practice of countries and arbitration institutes which have already adopted the third party of arbitration. The theories discussed in this chapter includes privity of contract, transfer, presentation and agency, piercing the corporate veil, estoppel and incorporation by reference. The last of this chapter analyses the practice of the Netherlands, Belgium, Great Britain, Spain and a number of arbitration institutes. There are quite a lot of similarities between arbitration and litigation, so there is necessity to discuss the litigation and the similar procedures—multiparty litigation and third party litigation. The experience of and the lessons we learn from litigation can make the third party arbitration perfect, both in theory and practice.The chapter analyses the necessity and possibility to establish the third party arbitration, and from the perspective of the submission of arbitration, the right of tribunal and some procedural details to makes specific conception of it.