A Comparative Study Of Arbitrators In Mainland China And Hong Kong

Arbitration is a high-efficient, quick and confidential method for resolving disputes. In recent years, arbitration has been extolled and swift developed around the world.For long time, Hong Kong Special Administrative Region(HKSAR) arbitration stand in the world leading place, there are unique virtues of it to offer the services of dispute resolution. The provisions of HKSAR arbitrationwhich comprehended the traditional Asian intercessionprofoundly, and achieved mastery through a comprehensive study of arbitration essences of the east and west Countries. Owing to the skillful arbitration techniques and the meticulous arbitral provisions, all of this made HKSAR to be the vital centre of resolving disputes in Asia. Otherwise than HKSAR arbitration, mainland China arbitration was developed late, and there are some grafting terms to which referred western arbitrations.Although it was improved, but it still could not be well used in the dispute resolution of mainland china.Mainland china and HKSAR both belong to the People’s Republic of China (PRC). As this advantageous condition, comparing the HKSAR arbitration with mainland arbitration, that could that could improve the development of mainland arbitration system. Arbitrator as the main part of arbitration system which is the performer of arbitral procedure and the judge of arbitrament, and it is the cream that made arbitration can be stood out of those dispute resolution systems, so my paper choose this special part to make a comparison.Analysing the difference between HKSAR arbitrator system and mainland arbitrator system,taking example by the advantages of HKSAR arbitrator system to give some advice of how to make mainland arbitrator system better. Finally, hoping this paper could bring mainland arbitrator system to go a further step.This paper consists of five parts in total except the introduction and conclusion:The first part:the overview of the arbitrator system. This part mainly describes and defines’arbitrators’and’arbitrator system’, and the development background of the arbitration system in the mainland and Hong Kong as well as their respective legal sources. On the one hand, it horizontally introduces the definition of’arbitrators’, compares the differences among arbitrators, People’s mediators and judges, and analyzes the functions of arbitrators. On the other hand, it vertically introduces the production background and legal sources of the arbitration system in the mainland and Hong Kong, and makes a comprehensive summary of the arbitrators and the arbitrator system, laying a basic foundation for the detailed comparison of the arbitration systems in the two places below.The second part:first, it compares the qualifications and conditions of arbitrators. The conditions of choosing and appointing arbitrators in the mainland are relatively rigid and somewhat inflexible, there is a good intentions from the very start, but in practice, they intangibly inhibit the development of the arbitrator team, while the qualifications of selecting and appointing arbitrators in Hong Kong are relatively loose, and there are not too many restrictions. Second, it compares the designation and substitution of arbitrators. It can be found through comparison that the parts of designation and substitution in the two places are almost the same, and are relatively reasonable as well. Again, it compares the challenge the arbitrator and challenge, this part mentions that there exists a large problem in the arbitrator system of the mainland, on the one hand, the exhaustively listed terms can’t cover all the matters the arbitrators should challenge, on the other hand, unreasonable challenge time limit also brings about great inconveniences to the arbitration practice, and it is really somewhat unsatisfactory. Finally, it summarizes this part in the summary. Besides, it points out the deficiencies of the arbitrator system of the mainland in this part, and conducts proper analysis.The third part:first, it compares all kinds of authorities or powers of arbitrators. Arbitrators power, also known as the arbitration power, and it is mainly embodied as the power of the arbitration tribunal. The power of arbitration tribunal includes six aspects, namely jurisdiction of arbitration, authority of Arbitration procedure, evidence acquisition and recognition power, arbitration and conciliation power, arbitration award power and supplementary power. Therefore, this part mainly makes a comparison mainly from the above six powers. Second, it analyzes the attitudes held by the two places towards whether the arbitrators shoulder the responsibility. Both of the arbitration systems in the two places have mentioned that the arbitrators should assume the responsibility, but strictly speaking, the arbitration systems in the two places have not established the arbitrator liability system yet, they only declare their positions concerning that the arbitrators should assume the responsibility, and stipulate that the arbitrators should bear the responsibility. Finally, it summarizes the content of this part in the summary, points out that the power of the chairman of the arbitration commission is too much great as well as the problems existing in the arbitrator liability system.The fourth part:first, it compares various rights of arbitrators. Arbitrators rights can be divided into the right specified or selected in accordance with the law, the right of obtaining a reasonable remuneration, the right of resigning from the post of arbitrator as well as the right of receiving the corresponding compensations. among them, there exists a large difference between the two places in the right of obtaining a reasonable remuneration. Second, it compares the obligations of arbitrators, the stipulations on the obligations of arbitrators are extremely similar in the arbitrator systems of the mainland and Hong Kong, they both hold the ideas of fairness, impartiality and independent arbitration, sticks closely to the characteristics of high efficiency and high confidentiality. Finally, it summarizes the content of this part in the summary, and highlights the problems existing in the aspect that the arbitrators in the mainland obtain the remunerations.The fifth part analyzes and concludes the problems existing in the arbitrator system of the mainland through the summaries of the first, second, third and fourth parts and puts forward the corresponding perfecting suggestions.