Rules Of Arbitration Of The International Chamber Of Commerce In 2012 "arbitration System Of Third Party"

The newest edition of the Arbitration And ADR Rules of International Chamber of Commerce (the ICC) has been come into force since January1st,2012. One of the most obvious changes of the new edition is that it has completely established the provisions system of The Regulations of The Third Parties on Arbitration, which is referred to as the subject of this paper. Firstly, by briefly introducing the abstract definitions of The Third Parties on Arbitration, Chapter One aims to help the readers to form a framework and to understand the necessity of the construction of this regulation. Secondly, the author carefully analyzes and explains each of the provisions concerning the regulations of the third parties on arbitration in the new rules, the purpose of which is to demonstrate the supportive attitude of ICC on the regulation. Thirdly, by citing and analyzing a large amount of cases and theoretical explorations of the academic world, the author tries to find out the reasons on the establishment of the regulation. Meanwhile, the author puts forward her new theory:The Shadow Arbitral Agreement Theory, in order to argue that the third parties may be bound by an implicit arbitral agreement because of their some kind of actions. Then, the author introduces Four sub-theories to further explain her argumentations, ⅰ) Consensus Reservation Sub-Theory, ⅱ) Will Separation Sub-Theory, ⅲ) Action Confirmation Sub-Theory, and ⅳ) Stake Balance Sub-Theory, all of which are the innovative highlights of this paper. Finally, the author gives her brief analyses and commentaries on the new rules of China International Economic and Trade Arbitration Commission (CIETAC) in2012, as well as some current rules of several arbitration institutions in China, in order to indicate the inevitability and feasibility of the regulations of the third parties on arbitration in the international arbitration community. For helping the readers to completely understand the author’s points, there are various diagrams and tables provided in the paper in order to make it much more vivid.