Study On Third Party To International Commercial Arbitration

With the international commercial disputes becoming increasingly complex, most parties would like to choose arbitration to solve the disputes. One possible consequence of such complex disputes is whether third party to international commercial arbitration(shortened as"third party") can participate in the ongoing arbitration. The traditional conclusion is third party cannot participate in arbitration.. By analyzing the related theories and practices, this dissertation holds that third party can participate in arbitration and proposes to build the system of third party to international commercial arbitration. Besides prelude and conclusion sections, this dissertation contains four chapters.In the prelude section, the dissertation points out the shortcomings posed by the lackness of third party in arbitration. Then the author proposes to build the system of third party.Chapter One deals with the definitions of third party to international commercial arbitration. The author summarizes the existing views on this subject and points out the shortcomings of the former definitions, at last proposes a definition and characterizes it.Chapter Two deals with the comparisons of some arbitration legislations and rules on third party. The author summarizes some legislative models, then studies china's arbitration legislations and rules on this subject.Chapter Three focuses on the practical needs and theoretical divergences on the system of third party to international commercial arbitration. The chapter is then dedicated to illustrating the necessity of building third party to international commercial arbitration system by analyzing cases and summarizing practical divergences on this subject.Chapter Four explores building the system of third party to international commercial arbitration. This chapter mainly discusses the feasibility of building the system of third party from theory and practice.i.e. the justice and benefit of arbitration, the contractual theory and judicial theory of international arbitration, the exception of privity of contract; Meanwhile, the author studies the specific procedures of building the system of third party from scope of third party, procedure of third party's...