On The Arbitrator Selection Of A Few Questions

Arbitrators are in the position of decider in arbitration proceedings and, therefore, play a decisive role in terms of the development of arbitration proceedings and the outcome of a specific case. Currently, most countries exercise the system under which the arbitral award should be final. In this case, the reputation of arbitration system depends, to a very great extent, on the impartiality and timeliness of arbitral awards and on the competence of arbitrators. As a result, the competence of arbitrators is the decisive factor of arbitral awards, which has a significant bearing on the arbitration system. China also exercises the arbitration system, and the arbitration institutions assume the responsibility of ensuring the quality of arbitral awards. The development of arbitration undertakings depends on whether the parties concerned are willing to bring their case to arbitration, on the credibility of arbitration institutions, and, in the final analysis, on whether we can select and appoint arbitrators from all trades and industries who are able to deal with a variety of civil and commercial disputes.Since the implementation of the Arbitration Law in 1995, arbitration institutions in China have improved their measures for the supervision and administration of arbitrators and their staff members in fulfilling the arbitration responsibility according to law. Arbitration activities have been regulated and standardized step by step. All these measures have played an active role in ensuring that cases are settled impartially and arbitrators are clean, honesty and self-disciplined, which has made a good pavement for the development of arbitration undertakings in China. However, the arbitration system in China has not well developed since it is still at its beginning stage of development, and a series of supervision and administration systems have not been established. Taking the selection and appointment of arbitrators as the main focus, this dissertation has analyzed the importance of the supervisory and interacting mechanisms with respect to the fulfillment of responsibility by arbitrators.Beginning with the current situations of arbitrators in China, this dissertation has first analyzed the necessity of selecting and appointing competent professionals to act as arbitrators. The writer holds that it is vital to select and appoint honesty, fair and experiencedarbitrators for the impartial and prompt settlement of civil and commercial disputes. In order to get a better understanding of the nature of arbitrators, this dissertation has then made a comparison in respect of the provisions on the qualification of arbitrations at home and abroad. Targeting on the blind transplantation of judicial proceedings into arbitral proceedings by some arbitration institutions after the implementation of the Arbitration Law, this dissertation has compared and studied the difference between judges and arbitrators. As a matter of fact, the Arbitration Law explicitly stipulates the qualification requirements for selecting and appointing arbitrators. However, not all those who meet these requirements are qualified to be an arbitrator. In light of the non-professional nature and the practice during the past decade, the writer has exploited the specific requirements for selecting and appointing arbitrators. On the other hand, the writer emphasized that arbitration institutions should, in the light of the actual demands arising from the development of market economy, attach great importance to the optimization of arbitrators' profession structure, and to the selection and appointment of professionals as arbitrators who meet the needs of new situations. Moreover, the writer has also discussed the establishment of chief arbitrators system, the training of arbitrators and other relevant issues.It is unavoidable that arbitrators are influenced, or even interfered, by various external factors during their fulfillment of responsibility. However, external influence or interference is likely to damage the impartiality of arbitrators...