A Study On The Feasibility Of The Unsigned Party To Take Apart In Arbitration

Autonomy of Will is the core of Arbitration. In accordance with New York Pact and Arbitration legislation, a written Agreement is necessary to launch an Arbitration, which makes a great obstacle to develop Arbitration and Commence. For this reason, a lot of scholars recommend to expend the effect of Arbitration and establish the system of Arbitration Third Party, so that the unsigned party would take apart in the Arbitration. But author find that all the Arbitration Expansion Theory or Arbitration Third Party Theory was separated. We seldom read papers which have the system for unsigned party to present Arbitration. Author insists that the theory of Arbitration Third Party also can be taken as one paten of expansion of Arbitration Agreement effect. The separation of Arbitration Third party deems to cause the defect of the system for the unsigned to take apart in Arbitration. For this reason, it is necessary to establish a system for the unsigned to take apart in Arbitration which should offer a little of help for the legislation for our nation in the field of Arbitration.This paper will be divided into four chapters,besides the preclude and conclusion.In the preclude, author gives two concepts: one is Unsigned Party which means the unsigned party takes apart in Arbitration with the identification of the party of arbitration agreement; another is Unsigned non-Party which said the party takes apart in Arbitration with the statute of third party. Chapter 1: Author defines the theory of expansion of arbitration agreement by definite the nature, legal effect of arbitration agreement. Author considered that the expansion of arbitration agreement effect can be divided into two circumstances which will give legal theory support for the unsigned to take apart in Arbitration.Chapter 2: There are several obstacles to prevent expanding the effect of arbitration agreement, such as autonomy of will, relativity of contract, independency of arbitration agreement and so on. With a thorough research, author gets that this obstacle will support the expansion rather than prevent it.Chapter 3: In this Chapter the system of the unsigned party to take apart in arbitration is created by the unsigned party getting the identification of the party of arbitration agreement. Author the arbitration process will become common when the unsigned party takes apart in. Thus, the method how the unsigned party obtaining the identification of arbitration agreement is the purpose for the discussion in this chapter. Author gives three circumstances for this issue: one is the change of substance, another is legal conduct, next is previous conduct.Chapter 4: The unsigned non-party holds a different process in arbitration. Author takes more importance on the composition of process, right and liability in arbitration. By a comparison with the unsigned agreement parties and suit third parties, author gets a definition of the unsigned agreement non-party. Author establish a system for unsigned non-party to take part in Arbitration by researching relative other nation's legislation.