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The Selection Of Arbitrators On Ad Hoc Arbitration System

Posted on:2013-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
GTID:2246330395988052Subject:Procedural law
Abstract/Summary:PDF Full Text Request
As a kind of dispute resolution system, arbitration plays a significant role in the modernsocial and economic life. In accordance with the organizational form, arbitration consists ofinstitutional arbitration and ad hoc arbitration.When arbitration on institutional arbitration system doesn’t manage and control,according to the way of selection of arbitrators, parties compose the arbitration tribunal, bringto trial and make a curling. In order to bring to trial, according to parties’ agreement, partiescompose the arbitration tribunal. After bringing to trial and making a curling, the arbitrationtribunal is automatically dissolved.Selection of arbitrators largely affects process and results of resolving the dispute.Parties can affect process and results of resolving the dispute, through meaning autonomyabout selection of arbitrators. On ad hoc arbitration system, parties can express more meaningautonomy. So, parties should give more attention to selection of arbitrators on ad hocarbitration system.Centering on selection of arbitrators on ad hoc arbitration system, basing on thedefinition of ad hoc arbitration and its characteristics, the author introduces the factor todetermine ad hoc arbitration and its characteristics. The author further analyzes selection ofarbitrators on ad hoc arbitration system in two ways of conditions requirements whatarbitrators should have and procedural requirements for selection of arbitrators. Meanwhile,the author, taking China as the example, compares selection of arbitrators on ad hocarbitration system and on institutional arbitration system. Finally, the author explores how toelective arbitrators, if China set up ad hoc arbitration system.Excluding Introduction and Conclusion, this thesis is divided into the following fourparts:Part one, the definition of ad hoc arbitration, the factor to determine ad hoc arbitrationand its characteristics compared institutional arbitration system. Part two, the part further analyzes selection of arbitrators on ad hoc arbitration system intwo ways of conditions requirements what arbitrators should have and proceduralrequirements for selection of arbitrators.Part three, taking China as the example, comparing selection of arbitrators on ad hocarbitration system and on institutional arbitration system.Part fore, elaborating China legal status about ad hoc arbitration and the difficulties weface, when China set up ad hoc arbitration system. Exploring how to elective arbitrators, ifChina set up ad hoc arbitration system.
Keywords/Search Tags:ad hoc arbitration, selection of arbitrators on ad hoc arbitration system, selection of arbitrators on institutional arbitration system
PDF Full Text Request
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