A Comparative Analysis Of The International Arbitration System

Arbitration was originally conceived to offer merchant guilds a way of resolving their disputes internally, without recourse to State courts. Over the years, arbitration has come to be widely applied internationally, in both public law (especially boundary disputes) and commerce. International commerce should here be understood broadly as meaning any economic flow across borders. Increasing cross-border commercial exchanges and foreign investments have caused arbitration to become more frequently selected as a dispute resolution option in China. In response to this growing demand, China has taken significant step to improve its arbitrations system. Nevertheless, arbitration practice in China still displays many inconsistencies with international norms, causing concern for foreign investors.The article focus on the comparative analysis on conduct of arbitration, including determination of arbitral jurisdiction in which the internationally standards and domestic standards represents; the effect of arbitration varied from different types of awards and demonstrate the gaps and ambiguous provisions in current legislations; what influence caused by administrative interference in arbitration practice; The absence of a free economy and a legal tradition in private law has meant that party autonomy is traditionally foreign to Chinese minds. Although the Arbitration Law sets forth party autonomy as one of the basic principle for the development of arbitration in China, there are still restrictions: unclear status of foreign arbitration institutions, strict requirement for a valid arbitration agreement.Including the introductory and conclusive parts, the thesis has about 35000 words and is divided into three parts and eights chapters. This article looks at the practice, problems and prospects of arbitration in China through an overview of the Chinese arbitration system, a description of the peculiarities of Chinese arbitration practice, an analysis of the legal obstacles that lie behind those peculiarities, and a review of past and future reforms.However, this article is not just mechanical copying of western international arbitration systems, but by comparison and analysis the different system, to get a conclusion that a relative good international arbitration should: firstly maintain its civil nature and highly respect party autonomy, secondly complete arbitrator and arbitration institute system to strengthen judicial image throughout the whole country; thirdly ensure status of interim measures and enhance the enforcement of arbitral awards. Meanwhile, under the current international commercial circumstances and orientations, combined with the realities, we can find a set of the modern international arbitration systems and figure out why and how to establish such a system of modern international arbitration in our country in accordance with international and independence, and finally to establish an international and a new international arbitration system.