Research On The Third Party System Of Arbitration

In modern society, arbitration has become an important way as litigation in resolving civil and commercial disputes. Especially in the handling international economy and trade disputes, arbitration mechanism shows a number of advantages, such as effectiveness and justice, confidentiality and professionalism. Arbitration has become more and more important in resolving domestic or foreign civil and commercial disputes and shows a great vitality.Arbitration system is historical, developmental and mutative. Although arbitration is based on the arbitration agreement between two parties, with the further communication of civil and commercial cases, legal relationship is becoming more and more complex. Meanwhile, many third parties are involved in arbitration practice gradually, and the institution 0f the third party derives from the system of civil litigation. Then, whether institution of the third party should exist and how the institution of the third party operates in the system 0f international cornnlerdal arbitration?This thesis will use comparative method as well as combine theory with practice to in-depth analyze and discuss on the third party system of arbitration, attempting to provide some new idea for constructing our country's arbitration system.This thesis has four parts besides introduction and conclusion. In the first part, this thesis will analyze different viewpoints on the concept of third parties in arbitration, and according to the analysis proposes the claims, reasons and the characteristics of this thesis. This thesis considers that the third party of arbitration as a person who is not appears to sign an arbitration agreement, because of the contract or other property relationship, have the independent right of claims on the subject of arbitration or the relevant property; Or although there is no independent right of claims, if a person who has legal interest with the result of the arbitration, initiatively applying, or requested by the party of arbitration, or informed by arbitral tribunal to participate in the arbitration proceedings beginning or already started. On the question whether third party of arbitration should be introduced, scholars have different points of view. For a more comprehensive understanding of the arbitration, the author carried out in-depth comparison between the third party in arbitration and third party in litigation.In the second section, the author had done comparing investigation of arbitration third party systems abroad, describes and analyzes country and arbitral bodies that third party system exits about their legislation and practice on this issue, so as to show that arbitration third party system has improved in practice and provides powerful realistic support for constructing arbitration third party system.In the third section, the author discusses the essentiality in practical and theoretical justification of establishment of the arbitration system, which focal point of this thesis. First of all, use three typical cases in arbitration history for detailed analysis and discuss, and illustrate that the establishment of the arbitration system has real necessity; secondly, make a in-depth description form from different perspective, such as the nature of arbitration, value orientation of arbitration proceedings, exceptions of arbitration agreement relativity and the limitation of Party Autonomy; and the following conclusions: arbitration third party system plays a significant role in developing arbitration system soundly, protecting legitimate rights and interests of the parties, resolving disputes efficiently and fairly, decreasing social costs, and so on. In addition, the author also shows some theoretical basis from the other aspects that support the arbitration system.In the fourth section, the author investigates China's practice on arbitration and makes some suggestions according to the past experience on building arbitration third party system in China.In conclusion,the author believes that the third party in the arbitration system is not mutually antagonistic with traditional arbitration theory, but is more urgent necessity in practice demand, has rationality on theoretical foundations and also has many possibilities under the present legislation. Therefore the construction of the arbitration third party system is the inexorable trend for further improvement of the arbitration system to accommodate the needs of arbitration practice.