On The Third Person In The International Arbitration System

The institution of the third party derives from the system of civil litigation, the core content of which is that it is necessary to add a party that is out of the case but relating to the case into the litigation as to resolve the disputes along with all the others. Among the system of international commercial arbitration, however, whether institution of the third party should exist and how the institution of the third party operates in the system of international commercial arbitration, has been the hotspot of theoretical study international commercial arbitration and the stubborn difficulty of the practice for a long time. Up to now, there are many controversial arguments on this point and no consensus comes out.This paper employs a law study attitude of combination of theory and practice to clear the necessary of the third party international commercial arbitration. The authors are eager to set up a perfect theoretical framework of the third party of international commercial arbitration and a perfect practical flow of the institution of the third party of international commercial arbitration in order to benefit the healthy development of international commercial arbitration.In the aspect of theory, this paper put more emphasis on the theoretical root of the institution of the third party of international commercial arbitration in order to point out the rationality of the exist of third party of international commercial arbitration by analysis on the core theory of arbitration mechanism. From a whole view, this paper analyzes respectively on the merit of international commercial arbitration, the character of arbitration, the relationship of substantive law and adjective law. In addition, some foreign scholars' standpoint on the third party of international commercial arbitration are introduced briefly. We believe, from the content above, the institution of the third party of arbitration has big significances to the healthy development of arbitration, ensure the parties'lawful rights, resolve the disputes efficiently and justly, and to reduce society's cost. The arguments in this paper, I believe, have successfully set up a stable theoretical basis of the third party of international commercial arbitration.