Commercial Arbitration System Of The Third Person

The system of the third person from the civil action, the core is introduced into theproceedings which have been implicated in cases of conflict Third Party together to resolvethe dispute. The Commercial Arbitration third party in the arbitration proceedings, a legalinterest in the relationship with the ongoing arbitration and after the unanimous consent of theparties and the arbitral tribunal to join the Third Party in which the arbitration proceedings.Due to the current law does not required by the Third Party in Arbitration, in most of thenational legislation and the arbitration rules of the arbitration institution, there is no formal orsystematic introduction of the Commercial Arbitration third party system. In the Arbitrationpractice, practitioners are often faced with cases related to the interests of a third person, If wedo not make the commercial arbitration in the third person clearly, then the parties can not tobe solve some of the types of complex disputes by arbitration system, Therefore, to depthanalysis the Commercial Arbitration third party system and to develop appropriate rules orregulations are necessary.There is many third party appears in the arbitration practice because of the complex andin-depth in the exchanges of civil and commercial matters, but we can not deal with in ourexisting commercial arbitration system and it’s a little difficult to us, so the third party ofCommercial Arbitration has necessity to existence, at the same time, the experience indomestic and international legislation and judicial practice are also mature relatively.Therefore, China should make clear regulation on Third Party of Arbitration in the legislation,The legislative model of the Third Party Arbitration in various countries is built up from theindirect and direct legislative mode, but based on national experiences that indirectly modehas some shortcomings,such as it has loopholes in the settings of the third party, the arbitraltribunal on the issue of third party are too arbitrary, in order that there will be obstacles in thesystem of arbitration third person. China should build arbitration third party system throughthe way of direct legislative model in the Arbitration Act, to establish a more comprehensiveand accurate the status of the arbitration third person. Improve the Third Party in Arbitrationshould not just to participate in the program, but should be a complete system composed by avariety of content, including the Arbitration third of the human condition and classification,arbitration rights and obligations of the third party, and conditions for participation of a thirdparty.