The Dsu Mechanism Of Arbitration And International Commercial Arbitration Mechanism For Comparative Analysis

Adopted by the Uruguay Round negotiations "understanding on rules and procedures governing the settlement of disputes" (DSU) for the World Trade Organization (WTO) established a set of international economic law of the international judicial system characteristics. The international judicial system for changing the WTO trading system to provide security and predictability of the central link, although the WTO dispute settlement mechanism of the especially in the "on the dispute settlement rules and procedures of understanding" (DSU) in the academic circles both at home and abroad are very warm, but most of these to explore the group of experts focused on process (PANEL PROCEDURE). But the DSU arbitration mechanism (ARBITRATION) were rarely discussed, even though they mentioned, did not engage in in-depth analysis and systematic studies. And international commercial arbitration in international commercial exchanges and international trade dispute resolution process to resolve the system, which from the outside of two arbitration mechanism is similar to a certain extent, but says that with the civil nature of international commercial arbitration is to resolve between the parties each other or future disputes of a contractual arrangement, and the DSU arbitration mechanism in general for the government to resolve a dispute between the ruling methods, so these two arbitration mechanism is very different.In order to deepen their understanding of WTO dispute settlement mechanism as well as a comprehensive understanding and other arbitration in particular, the distinction between international commercial arbitration, the paper devoted to "on the dispute settlement rules and procedures of understanding" (DSU) of the arbitration mechanism provided with a comparative analysis of international commercial arbitration . In this paper, a comparative analysis of the use of analysis methods and empirical methods, and to absorb the world's arbitration legislation advanced the practice of today's arbitration mechanism in the DSU and international commercial arbitration system, three-dimensional and comprehensive analysis. To this end, the provisions of this article mainly DSU arbitration mechanisms and international commercial arbitration mechanism of the study, based on the WTO have been published since the establishment of arbitration cases and typical cases of International Commercial Arbitration induction, collation and analysis in order to draw a more clear arbitration mechanism in the WTO and the characteristics of international commercial arbitration system; and thus in the arbitration mechanism of the WTO and make a comparison of international commercial arbitration system. China's hope to be able to use the arbitration mechanism in the WTO and international commercial arbitration system, the theory and practice to provide some help.The first chapter is an overview of the DSU arbitration mechanism and the international commercial arbitration. From both the main formation and development of arbitration described, at the same time simple arbitration mechanism on the DSU international commercial arbitration law and the law, and arbitration mechanism of these two systems and the need for a comparative analysis of the meaning of the note.Chapter II of the DSU arbitration mechanism and the arbitration of international commercial arbitration mechanisms' jurisdiction were analysised and compared. Mainly from the jurisdiction of the arbitration agreement the jurisdiction issue, the main fitness, jurisdiction and other issues are discussed.Chapter III of the DSU arbitration mechanism and the arbitration of international commercial arbitration mechanisms' application of the law were analysised and compared. Mainly from the scope of application of the law, procedural and substantive law aspects of the determination is discussed.Chapter IV of the DSU arbitration mechanism and the arbitration of international commercial arbitration mechanisms' procedures were analysised and compared. Mainly from the proceedings, the arbitration deadline, rules files ruling discussed.Chapter V of the DSU arbitration mechanism and the arbitration of international commercial arbitration mechanisms'characterristics were discussed from the conclution which were analysised and compared above. The characterristics of the DSU arbitration mechanism is : limited autonomy, multilateralism, and the government and so on. And the characteristics of international commercial arbitration mechanism is the meaning of self-government, bilateral nature, confidentiality and non-governmental, and so on. And the interaction between them were discussed too.