Arbitrator Selection System

The appointment of the arbitrators, a critical issue in the international commercial arbitration, has a significant linkage with the arbitration process and awards, and reflects the game between the parties and the nation's power. Its development, to some extent, represents the overall momentum of the arbitration system. Inadequately systematic study at home and abroad, however, has made its future obscure under the new situation. Therefore, the dissertation expounds the issue in a systematic way through historic development and value analysis perspective in a comparative way with the aim to make meager contribution to the practice and legislation in the arbitration area in China.The dissertation consists of four parts as follows:Part I : the History of the Arbitrator Selection System. It outlines the development route of the system of different times through citing and analyzing typical and distinctive reports and legal stipulations. It concludes the regulatory elements in the development of the system that as the flourishing of economy and trade, the frequent use of arbitration, and the improvement of legal civilization, the process of selecting arbitrators has converted form private action into non-private action with a trend of turning back to private nature which will survive for a long time.Part II: the Procedural Factors in the Arbitration Selection. There are two major factors. One is that the number of arbitrators appointed. It makes an introduction of ad hoc arbitration, compares ten institutional rules and several state arbitration law. Based on the analysis, ICC arbitration rules are considered to be the most efficient, flexible and cost saving. Another one is that the manner of appointment. There are three kinds of ways: by autonomy of parties, by appointing authority, and by court among which the first one is discussed in details. The direct selection of a specific arbitrators and the mechanism for appointing have...