Study On The Third Party Of International Commercial Arbitration

With economic development and social progress, international commercial activitiesoccur more and more frequently, accordingly commercial disputes are becomingincreasingly complicated. Normally, merchant choose arbitration to resolve their disputes.However, one phenomenon that we cannot ignore is that interests of the third party out ofthe arbitration agreement are often involved in the same disputes. So in this case, the thirdparty is facing with the problem of how to protect his interests. But there’s no anyprovision in the Arbitration Law of PRC about the third party in arbitration. The third partywhose interests are involved in the arbitration only can safeguard his lawful rights andinterests by a civil lawsuit. Thus, one same case will be received one arbitration award andone court decision. So it’s a question worth being studied that should the third party out ofthe arbitration agreement whose interests are often involved in the same disputes join in thearbitration.There exist different views as to whether the third party system should be establishedin arbitration. Opponents think that the third party system of international commercialarbitration is against the principle of autonomy and the nature of arbitration. However,after a deep study with a law study attitude of combination of theory and practice, we cansee that we have no reason to doubt the rationality of the existence of the third party ofinternational commercial arbitration, because it accords with the merit of internationalcommercial arbitration and the nature of arbitration. In some cases, only if the third partyjoins in the arbitration, his rights and interests can be protected effectively and the disputescan be resolved efficiently, justly and cheaply. So the last part of this paper tries to givesome positive suggestions on the establishment of the third party system of international commercial arbitration, including the way of joining, the institution to decide the thirdparty to join in the arbitration procedure, the formation of arbitration court and their rightsand obligations after the third party join in the arbitration procedure.In a word, though the establishment of the third party in international commercialarbitration challenges the traditional arbitration theory, it can find its supports in theory andpractice. Therefore the establishment of the third party of international commercialarbitration system is the inexorable trend for further improvement of the arbitration systemto accommodate the needs of arbitration practice.