Arbitration Cultural Management Research

Since Arbitration Law of the People's Republic of China was enacted on September 1, 1995, arbitration has gradually been adopted as a major approach to resolve civil and commercial disputes. At present, it is regarded as one of the most important forces to mediate contradiction and construct harmonious society. However, arbitration is far from a well-balanced developing undertaking, which may be reflected by the fact that many resources are stay unused, that is, some arbitration commissions are in difficulty of case shortage and not being able to disseminate arbitration system. This paper argues the status quo is due to the inadequate efforts exerted into the research, developing and expanding arbitration culture.With the perspective of arbitration culture, this paper begins with its historical development and explores its existence value. In five chapters, this paper constructs a theoretical framework of arbitration culture consisting of historical culture, ideological culture, and managerial culture. Chapter 1 is an overview of arbitration culture, introducing concept and characteristics. Chapter 2 explores the developing process attempting to examine its foundation and value. Chapter 3 constructs its theoretical framework, whose elements are lex voluntatis, efficiency-oriented, harmony-improving, independence and impartiality. Chapter 4 discusses the contents of arbitration managerial culture, including arbitration subject management as well as arbitration institution's function orientation and management. Chapter 5 presents suggestion and measures attempting solve the problems rising from the process of disseminating arbitration culture.