A Study Of The System Of Litigious Arbitration

With the enforcement of the Arbitration Law in China, great development has taken place in arbitration field. However, there still exist some unsolved issues in the arbitration development, especially the litigious arbitration, which has become the obstacle in the process of arbitration development.This essay will be divided into six parts including the preface, Chapter One to Four and the ending. The details in each part are as follows: Chapter one is about"pointing out the issue of litigious arbitration". In this part, the author introduces the advantages and characteristics of arbitration, the process of systematization of arbitration, and especially focuses on the litigious arbitration issue engendered in the process of systematization because of the over litigious handling.Chapter Two deals with the situation of litigious arbitration in China nowadays.In this chapter, the article first discusses the problem of litigious inclination in the PRC arbitration procedure. According to the stipulation of the Section IV of the PRC Arbitration Law, the article indicates that the arbitration procedure shares the same thing with the civil procedure in China.In the second part of the chapter , the article discusses the litigious inclination in the arbitral awards. According to the analysis of concerning arbitration cases and the stipulation of the PRC Arbitration Law, the authour points that the arbitrators in China nowadays usually make an award in the sense of law,ignoring the principle of fair good will..Besides,this part of the article also discusses the similarities in the aspects of the language,writing mode between the arbitration award and the court judgement.In the third part of this chapter,the article discusses the litigious problems arising from the excessive judicial supervision. Because of the litigation defects and the special situation of the country, excessive supervision from the Court will make the indepence of the arbitration disapeared and let the arbitration become another "lawsuit".Chapter Three is about"the analysis of outcome of litigious arbitration". In this chapter, the author gradually analyses the reason why litigious arbitration comes into being contraposing the actuality.Chapter Four is about"the safeguard measures to prevent litigious arbitration". In this part, the author tries to put forward the related measures to deal with the litigious arbitration issue.