The Study Of A System Of Third Party Arbitration

As the economy continues to develop, the life becomes more complicated. In the same disputes, multi-party interests are often involved. In order to resolve the disputes rationally, we have established a third person civil lawsuit system. Whereas in arbitration proceedings, there has not existed the system of third party arbitration. Many scholars hold counterviews against the establishment of an arbitration system for a third party. The characteristics of the arbitration will be lost and even to be equivalent to a lawsuit to some extent, if a third party system is introduced into the arbitration system. The author believes that in our country, a system of third party arbitration should be established.The third person arbitration refers to the non- arbitration agreement contractor involved in the arbitration proceedings actively or passively and related with the interests of the ongoing arbitration case subject under the premise of the arbitration parties'consensus.In some areas, the Arbitration Commission of China has made bold attempts at a third person arbitration system and obtained initial results. A number of economically developed countries and regions have also established or acknowledged third-party arbitration system. Third-party arbitration system as a new system and a new thing adapts to the complexity and diversity of the social and economic life. Moreover, as it fully reflects the law's role of allocation justice and reforming interest pattern, it also helps improve the arbitration process and achieve the arbitration value.In this article, the author illustrated and analyzed the theory disputes and practices about the third party arbitration. On the basis of insisting that the third-party system should be established, it focuses on the analysis of necessity and feasibility of the system establishment. For the necessity, the establishment of the third person arbitration system is the requirements of disposing multi-party interests justly, avoiding the contradictory results of arbitration and litigation in the same case, improving the arbitration system as well as the basic idea of economic law. For the feasibility, it was discussed from the opposite contract,the limit of freewill arbitration and the properties of the arbitration to the continued ideals on ceasing suit. Finally, the author provides the specific ideas of how to establish the third party arbitration system.