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Arbitrator Perfect Access System

Posted on:2012-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:J ChengFull Text:PDF
GTID:2216330341951613Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the rapid development of world economy, diversify the economic dispute after another, a single action model has been very difficult to meet the modern commercial society in which people dispute resolution needs. China's cessions to WTO, the legal framework in the WTO, countries have been particularly emphasized the use of ADR (Alternative Dispute Resolution) way to resolve the dispute. In China, as one of the ways the emerging ADR arbitration system, with its unique party autonomy, a final cutting edge of civil awards in the field of dispute resolution are increasingly playing an important role. In particular its program shortcuts, simple and flexible handling characteristics combined with high efficiency, fairness, honesty, increasingly so by using the characteristics of civil and commercial arbitration to resolve disputes, to maintain the market economic order, civil and commercial matters in this way are generally recognized and accepted by the parties, the arbitral cause of the booming development in China, the arbitrator team also will be strong.Arbitrator at the core backbone of the arbitration, the arbitrator not only the team can affect the quality of the reputation of the arbitral institutions; arbitration is more likely to affect the steady development of business in China. Therefore, how to build a high-level team of the arbitrators is a top priority of the development of arbitration, I believe that you want to create the first high-level team of the arbitrator shall be the source of the arbitrator from the starting selection, that strictly control the arbitrator qualifications, building with Chinese characteristics, the arbitrator access system. This paper from the arbitrator's basic theory, a comparative analysis of the vision system of the present lack of access to the arbitrator, the arbitrator analysis of the pros and cons of the place special status, identify the building access system for the arbitrator's mainstream, the perfect access system of the arbitrator put forward their views and hope that a breakthrough in the specific practices, be innovative.The first chapter discusses the basic theory of access system of the arbitrator, including the meaning of the arbitrator as well as its position in the arbitration, the arbitrator the evolution of the system, and improves access system for the significance of the arbitrator.In the second chapter discusses the arbitrator of the existing access system based on the specific content of, an arbitrator with the extraterritorial access system and related legal practitioners, compared to the access system, analyzes the access system of arbitrators Problems in the legislation.The third chapter on the arbitration committee of several national composition of the arbitrator's analysis of survey data, that the current system of arbitrators in the practice exposed by the lack of focus of the arbitrator to the arbitration as the cause of the special advantages and disadvantages. The fourth chapter is the full text of the focus of this chapter for the second and third chapters of the arbitrator access system that is a problem, based on national conditions, combined with the actual situation, the author proposed an arbitrator for the Improvement of access system point of view.
Keywords/Search Tags:Arbitrators, Access, Comparison, Improve
PDF Full Text Request
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