On Civil And Commercial Arbitration

With the economy developing and society advancement , especially in the market economy, once business case might treat of many pacts and multi-side parties, but it also will lead to profit disputed during multi-side. In the practice of civil and commercial arbitral, the third party of arbitration is an important problem. This challenges to the conventional arbitral theory: whether arbitral law like code of civil law prescribe relational law about "the third party"or not.There is biggish argument in theory domain. Despite active law doesn't prescribe "the third party" system in arbitrate, in the practice of arbitrate it's essential to analyse academic theories and -constitute corresponding regulations. In realistic arbitrate practice, the third party holds the balance to factual cognizance in disputed cases and relates to the adcantages and disadvantages in the case. Apparently, In this case, if the third party is excluded, party not only will be confronted with huge difficulty but also the tangle will not settled quickly and drastically. It also adverses to find out the truth of the case and to definitude "right and obligation between both parties. Our country "Arbitration act" designed basing on arbitration agreement and according to the bilateral dispute, has not considered the third person of question. To solve rights and interests safeguard question between the third person and arbitration litigant, the key question about designing arbitration the third person of system lies in how introduce the third person of system following the arbitration basic principle and at the same time guarantee the arbitration is convenient ,high effective and low cost.In this paper, based on the realism we dissertate the design about arbitration the third person of system and correlation question by roundly analyse combining the theory about arbitration the third person in-country and out. The aim of this paper is that: scientific research is not only the countermeasure analyse but also is advantage to bring forward question reasonably which is the important way to expedite childbirth new goods come into the market. The present paper structure altogether is divided five parts, to arbitrated the third person to carry on the comprehensive analysis.The first part is introduction. According to arbitrates in the practice the case analysis, various style which is related to the third party in arbitrating proceeding and point out the malpractice because the blank of the third party arbitration leading to involve the third person in the present law. The second part is the summarize about the third person. The first, what is the third person has been definition. Given the compare the third person from the proceeding and entity and based on the analyse of the third person in civil acton , the third person which isn't definited as civil action in arbitration has been proposed. The second, the conceptions such as the third arbitration person, the third person of arbitration argument and the third person of contraction involved inarbitration theory have been discriminated. The definition of the third arbitration person in this paper has been ascertained and should be use by the normative way which is the first step to -establish the third person of arbitration system. The definition of the third person of arbitration is as follows: the Non-arbitration agreement superficial signing (namely refers to arbitration agreement third person) who as a result of the contract or other property relations, has in legal with the arbitration result the formidable relations, but joins to the arbitration procedure in the arbitration main body.The establishment the third person of arbitration system have to persist to the meaning autonomous, the independent arbitration and as soon as cuts the result arbitration three big basic principles, must solve in the arbitration third person of rights and interests with to arbitrate the litigant rights and interests safeguard the question.Third part through quite domestic, international arbitration theory and practice, separately has evaluated the domestic support and the opposition arbitrates the third person of system the viewpoint, two theories to establish the third person of arbitration system have good meaning and construction action. In this paper, we analyse the third person involved in overseas arbitration legislates and arbitrates the rule and give some use for reference. The third person of arbitration system combine the arbitration system with the third person of system which gives attention to two or morethings between two system and get the balance. The primary foundation is free will and its biggest characteristic is the foundation between two parties acceptability. Though the third person of system have great difference with the third person of entity law and proceeding law, their common part is between the main body three-cornered relation but the non- bilateral relations.The fourth part is the discussion about the theory analyse of establishing the third person of arbitration system based on the meaning autonomous principle and the arbitration nature. The thorough elaboration to the contract principle of relativity and its the exception and the arbitration agreement potency also has been discussed. It gives the necessary to establish the third of arbitration system. The core function of establishing the third person of system provides procedural approach between with the original dispute litigant. The third person of Arbitration system the establishment and arbitrates own development since the modern government by law theory the basic request, also is arbitrates the practice the inevitable result.The fifth part is to establishes arbitrates the third person of system to make the preliminary exploration which needs to make the explicit stipulation in the legislation, causes the arbitration system to hasten the consummation. Legislates according to our country lawsuit and the arbitration and practices, based on defends third person, the litigant legitimate rights and interests, focused on comprehensively and effectively solving the dispute, the essence of the third person of arbitration system is to solve the arbitration agreement to the substantive law third person of potency question and enable it to participate in the arbitration procedure, the key to design the third person of arbitration system lie in the disposable solution arbitration dispute is the starting point, by all quarters litigant's meaning expressed decides the procedure being suitable. Because arbitrates third person and the lawsuit third person is not certainly same, all third person can take by no means arbitration the third person to enter the arbitration procedure, under the third person to be voluntary or in the agreement situation which can participate in the arbitration and its right with arbitration the litigant to compare is limited. In the arbitration case involves the third person to have two kind of results. The first, if the third person agrees with the participation arbitration, then this third person namely becomes the arbitration the third party litigant, and the arbitration ruling has the binding force to the third person; The second, if the third person does not agree with the participation arbitration, we cannot force the third person to participate in the arbitration, by the arbitration court which don't decide the litigant to achieve together arbitrates the agreement to cause the arbitration result to be unable to realize the original litigant's goal as the basis. We will have important formidable relational with the third person the case to turn over the people's court and guarantee between the disposable solution litigant's dispute.