On The Constitution Of Arbitral Tribunal In Institutional Arbitration

This thesis addresses its theme into two parts, one is the core values of arbitration, the other is the constitution of arbitral tribunal. The author discusses the constitution of arbitral tribunal from the view of the core values of arbitration.The values the arbitration pursuits include many aspects, which can be divided into two categories. Some can be called the basic values of arbitration, which are shared with the other dispute resolutions. Besides, some are exclusive features of arbitration, which can not be substituted. On the basis of such recognition, three core values of arbitration are raised, these are party autonomy, professionalism and internationalism.In the whole institution of arbitration, the constitution of arbitral tribunal is essential to the quality and effectiveness of arbitration. It covers four aspects of contents: the arbitrators' qualification, the number of the arbitrators, the selecting and designating of arbitrators, withdrawal of arbitrators. From the view of the examined three core values of arbitration, the thesis discusses the mentioned four aspects, applying the comparative study method. Combining the existing laws and present practices in China, some propositions are made to improve the constitution of arbitral tribunal based on the above research.The thesis consists of four chapters. Chapter 1 addresses the core values of arbitration through the reasonableness of the existing of arbitration. Chapter 2 introduces the details of the constitution of arbitral tribunal and the current laws and arbitration practices in other countries and some arbitration institutions. Chapter 3 focuses on the core values of arbitration demonstrated in Chapter 1, to explore the supra four aspects of the constitution of arbitral tribunal. In Chapter 4, after analyzing the present situation and studying comparatively, some suggestions are submitted to perfect the constitution of arbitral tribunal in our countries.