On Establishment Of The Third Party System For Arbitration In China

As in our diversified social life in the background of market economy, a dispute is likely to involve multiple parties, multiple contracts, which leads to very complicated legal relations. Both arbitration and civil litigation are procedural laws to resolve civil disputes,while civil litigation solve the complex problems faced by legal relationships through the establishment of a third person mechanism, but the law of the arbitration has been held on whether the third person mechanism views. It is the absence of the arbitral third party system that results in difficulties arising in practice of arbitration. In recent years, the issue whether the arbitral third party system which is unavoidable in the practice of arbitration should be established has aroused a heated discussion among theorists.In civil and commercial disputes, the third-round comprehensive understandi-ng on the merits plays an important role, and has a great legal interest with the results of disputes. China’s current arbitration law denies the arbitral third party system, and only applications for revocation of the arbitration award will be accepted. The exclusion of the third person outside of the arbitration proceedings is not conducive to resolve disputes and the protection of oblige, as well as increasing the difficulty of identifying cases and the costs of dispute settlement. These issues can only be resolved by building mechanism of the third person arbitration. The reason for some people to oppose building such a mechanism is that they believe the mechanism would suit the color cast arbitration, and lose its characteristic. The key point of construction of the mechanism is to solve the problems in practice without losing its inherent characteristics.Starting from the problems we facing on constructing a arbitral third party system combined with some foreign legislative model, the necessity and feasibility of establishing the arbitral third party system are elaborated and a legislative conception is proposed in this thesis. This paper is not only a study of counter measures, and the main purpose is to prove it’s necessary for the existence of the mechanism by demonstration as well as putting forward the relevant legislative proposals. This article consists of introduction, text, conclusion, the text is composed of four parts.Part one summarizes some basic theories of the arbitral third party system. This part proposes the author’s definition of the arbitral third party in the premise of analyzing some domestic disputes on this definition. Then we make a comparison on the similarities and differences between arbitral third party system and third party of administrative litigation and work out that the establishment of the arbitral third party system can’t completely copy that of third party of administrative litigation.Part two, in the first section of this chapter we describe the oppositions of arbitral third party system, and refute them one by one. As no unified view on the arbitral third party system has been reached, there is no rules on arbitral third party in our arbitration law, but there was once rules on this in some regional arbitration laws for which we will have further detailed introduction and analyze in the second section.In part three necessity of establishing the arbitral third party system was discussed within the three sections of this chapter. Section one explain the rationality of establishing a arbitral third party from theoretical level. Section two verifies its necessity from practical aspects. We can conclude from this chapter that it’s necessary and feasible to establish the arbitral third party system.Part four proposes the conception of our arbitral third party system based on the analysis in previous three chapters. In this chapter, the rights and restrictions of arbitral third party, the way and time they relating to arbitration, the courts’ supervision are used to state the establishment model of arbitral third party system.Innovation of this paper is mainly reflected in:First, innovation in the thesis’topic. Arbitration third party system is not being recognized by our system of arbitration, therefore whether we should establish the arbitration third party system is still a controversial among theory and practical realm. The perspective of the author will be delivered in this thesis based on comments on these two sides points of view.Second, innovations in the content of this research. Main features:(1) The definition of arbitral third party is innovative. In our research we expand the definition of the scope of third arbitral party on the basis of the previous scholars. (2) Innovations in establishment model of arbitral system in arbitral third party system by strengthening the supervision right of the court over the system.Deficiencies of this thesis:due to our limited capacity and paper length, the paper did no further study on other likely issues involved in the establishment model of arbitral third party system and what additional laws should be issued. But we firmly believe that with the depth research on the arbitral third party system, the development of the arbitration itself, the establishment of the arbitral third party system will undoubtedly attract more and more attentions of learners and legal professions and it ultimately will promote the development of arbitration system and better implementation of the value of arbitration law.