Study On Several Legal Issues Concerning Independence Principle Of Arbitral Tribunal

International commercial arbitration has become an effective method to resolvecross-border disputes owing to its highly flexibility and efficiency. Since the arbitraltribunal plays a key role in exerting the advantages of arbitration, the independence ofarbitral tribunal has aroused wide concerns. In institutional arbitration, it cannot beneglected that the arbitral tribunal is independent from the arbitral institution. On theone hand, the arbitral institution provides facilitation and guidance for the arbitralproceedings in the arbitration. On the other hand, some special mechanisms of thearbitral institution including document verification and expert conference provide thearbitral tribunal with professional opinions for substantial and complicated cases.However, the independence principle of the arbitral tribunal is affected to someextent by the document verification and expert conference in practice, whichbecomes an “invisible rule”. The arbitral tribunal shall be independent from thearbitral institution in theory, while it is difficult to implement such independence inreality. Confronted with such situations, the thesis tries to have a study on theindependence principle of arbitral tribunal, based on the independence theory,comparing related domestic and foreign legislations, analyzing document verificationand expert conference mechanisms by empirical study, and initially providing someadvice on improving relevant mechanisms and dealing with the relation between thearbitral tribunal and the arbitral institution. The thesis consists of six chapters.Chapter One----Basic Legal Theory on the Independence Principle of ArbitralTribunal elaborates the meaning and significance of this principle, and its core valuesto protect the autonomy of the parties to arbitration.Chapter Two----Legal Basis for the Independence Principle of the ArbitralTribunal comparatively analyzes related domestic and foreign legislations, arbitrationrules of arbitral institutions in China and in other foreign countries, and also interpretsrelated Chinese lawChapter Three----Theory and Reality of the Independence Principle of theArbitral Tribunal tries to explain the theory of the principle from the perspective oflegal ground, parties’ intention and duty of the arbitral tribunal, and discusses thedifficulty in implementing this principle in realityChapter Four----Study on the Right of Verification comprehensively introducesthe basis and functions of the right of verification, discussing its positive effect, andmakes a research on its legality and rationality by case study, and then discussesseveral related and significant issues, in particular the issue on convicting arbitratorsof the crime of perverting the law in making the arbitral award.Chapter Five----Study on the Expert Conference discusses the positive andnegative effects of the expert conference mechanism by the analysis of cases, andprovides some suggestions on its improvement.Chapter Six----Return to the origin: Sticking to the Independence Principle ofthe Arbitral Tribunal provides some suggestions on dealing with the gap betweentheory and practice reasonably and practically by improving the legal system andreinforcing the self-discipline of arbitration institution.