International Commercial Arbitration And The Right

In the past, we are more concentrated on the research about the international commercial arbitral agreement itself and more about the impact of international arbitration system arising from authorization through arbitral agreement and more often keeping blind eyes on the arbitral power when we make a research on the international arbitration system. In particular, we always omit the nature of international arbitration itself and further research theoretically and practically result from international arbitration power, that is to say, to omit the whole relationship study between international arbitral power and international arbitration system. It leads to not only lopsidedness for the theoretical study of international commercial arbitration system, but also bring a negative impact on the practice of International commercial arbitration. The author believes that the study for arbitral power is to make a research on the impartiality of international commercial arbitration and also is to make a research on the protection of parties' rights concerned. The whole thesis is composed of five chapters besides introduction, content of which are introduction in brief below.The author begins from brief Introduction to the arbitration and the definition of arbitration and based on definition, discuss the superiority to litigation.Chapter 1, This chapter analyzes the concept of international commercial arbitration, the legal definition of Arbitral Power and its feature, and also introduce the legislation for international commercial arbitration; in Chapter 2, this chapter clarifies the basis of international commercial arbitration, that is to say, the arbitral agreement, analyzes the validness of the arbitration agreement and the completeness and correctness of form and also discuss the legal nature of arbitral power; chapter 3 discusses the acquisitionof arbitral power, which includes the means of acquisition and analyzes the ways to solve the arbitral jurisdiction disputes.This thesis emphasizes the exercise of arbitral power and the present problems with the international commercial arbitration in chapter 4 and the supervision of arbitral power and the correctness of exercise in chapter 5. The author analyzes the course of exercise of arbitral power and specifies the three points, the first is the third party, the second is legal issues when parties withdraw the arbitral application and the last is whether the arbitration clause govern the recipient; Chapter 5 proposes the necessity of judicial review and limitation of judicial review, analyses the content of judicial review and legislation in domestic China and the recognition and enforcement of arbitration award abroad.This thesis analyzes tentatively the international arbitral power, although it may be lopsided and tenuous and may have difference between theory and practice, hopefully it is of assistance to get to know and to understand international arbitral power completely and deeply and it is helpful to enhancethe development of study and practice herein.