Surface Of Non-arbitration Agreement Signatories To Participate In The Arbitration Of The Empirical Research

Arbitration is one kind of civil & commercial dispute solution system in the world, with high efficiency and fairness. Along with the constant expansion of international business transaction scales, the subjects & processes related to the international trading transaction are becoming more complicated and diversified. Meanwhile, relevant disputes are increased gradually. By facing these trends of development, new challenges and requirements are proposed to arbitration system. However, whether the third party beyond the arbitration case can participate in the arbitration, as well as how to participate in the arbitration, is a prominent question.If being based on traditional arbitration theory about litigant autonomy as well as arbitration agreement relevance principle, the non-arbitration agreement litigant can not be suitable to solve the dispute by arbitration. But if not allowing the third party who is interest-involved, to participate the arbitration procedures, possibly it might cause the arbitration case litigant to be unable to collect sufficient evidences and materials. It doesn't favor the dispute solution, as the judgment of the arbitration tribunal might be affected & also possibly the repetition arbitration or litigation could be caused. Therefore, it is necessary to allow the third party participation in certain situation to carry on the arbitration procedure.There are so many questions worth to be discussed about the third party participation in arbitration. The theorists also have some theories and opinions, such as the arbitration agreement potency expansion, the third subject in the arbitration etc. For the space limitation, this article will only study and discuss the question on the participation of the non-arbitration agreement surface signature person in the conducted arbitration procedures. The non-arbitration agreement surface signature person can possibly participate in the arbitration by the agreement litigant's status, or possibly carry on the arbitration procedures as the third person. No matter on what kind of situations, the non-arbitration agreement surface signature person participates in the arbitration, is based on the original arbitration agreement potency expansion. The arbitration agreement potency expansion theory, in fact, it is not only a break-through to the autonomous principle in traditional law theory, the contract relativist principle and the arbitration agreement written request; but also a protection for arbitration efficiency and privacy.At present, a number of national legislations and the arbitration facilities have introduced the content of the third party beyond the arbitration procedure participation into the arbitration rules. Although so many differences exist, namely different social development situations; these differences may help us enormously to study the arbitration participation of the non-arbitration agreement surface signature person. The reasons for the non-arbitration agreement surface signature person advancing in the conducted arbitration procedures could be varied (possibly for the existence of proxy behaviors; the application of "Principle of Piercing the Corporate Veil"; the transfer of contract rights and obligations; the factors of third party benefits etc.). But before practically introducing the non-arbitration agreement surface signature person into the conducted arbitration procedure, a few realistic questions need to be solved. Respectively, if the non-arbitration agreement surface signature person wants to participate in the arbitration, then who should apply for the request, and who should approve the application? If once the non-arbitration agreement surface signature person participates in the arbitration procedure, who should be the arbitrator, and how to allocate the expense of arbitration? Although there is no relevant regulations on the arbitration participation of non-arbitration agreement surface signature person in "Arbitration Law" of China, in the arbitration practices, we should also comply with the development trends. The approval of introducing the non-arbitration agreement surface signature person into the conducted arbitration procedure could provide a complete solution to the dispute; furthermore develop the China arbitration system to be an efficient legal regime indeed of civil& commercial dispute solution.