Research On System Of Amiable Composition

As an important manner of international commercial arbitration, amiable composition has been already accepted by most countries in the world. However, restricted by the legal tradition and arbitration culture of our country, our arbitration law only admitted legal arbitration. Domestic scholars studied little about amiable composition, and most of those studies are only an introduction of it. Based on the precedent researaches of domestic and abroad scholars, this dissertation explore the application of law of amiable composition, through comparative analysis of different legislations and practices. Moreover, this dissertation seeks to construct amiable composition in the arbitration legislation of our country.This dissertation is composed of three parts, as foreword, three chapters and epilogue.The first chapter studies the foundation for the amiable composition system. Firstly introduces the basic concept of amiable composition, aiming at the characteristics of Chinese scholars to the concept of fuzzy and two different kinds of understanding, this dissertation gives own viewpoint and the reasons, and a deep analysis. And from the Angle of practice, the amiable composition with the legal arbitration and usual trade these confusing concepts, solve the scholars in debate. Secondly, from the value orientation of the international commercial arbitration and analysis of the similarities and differences of amiable composition, in fairness and efficiency of choice, both have their own goals and trade-offs. Finally, reviews the origin and development of amiable composition, the amiable composition system is fully understand.The second chapter mainly studies the international amiable composition legislation and practice. Firstly for the current world situation, the dissertation probes into the analysis of the world wide, from the national legislations, the international conventions, demonstration method, and give some comparison and analysi. And take ICSID and The Britain for example introduces some relevant practice. Then this chapter also introduces the related conditions in China. The legislation in our country, some vague expressions and in the practice of some of the arbitration commission of tianjin, at present there are certain misunderstandings and debates. According to the present situation, the author studied and conclusion does not exist in current amiable composition. But with the international practice and the trend development needs, establish it in early in the arbitration system is an inevitable trend, and then to establish its necessity and problems needing attention were discussed.The third chapter of the defects and perfect amiable composition is studied. As is known to all, amiable composition has its extremely obvious advantage, also has its flaws Of course. How to compensate for these defects of this chapter is to solve the task. For scholars mentioned fair goodwill standards, arbitrators, the paper qualifications for such defects in the design. In addition, in order to make the amiable composition system of greater advantage into full play, realize the meaning of the original, the author further from the two aspects of design procedure and the improved methods for the system of amiable composition.