On Establishment Of The Arbitration System Of Third Party In China

Arbitration is one of the ways to resolute dispute that the parties choose. It based on an agreement. In practice, arbitration inevitably involves third party’s rights. This situation is more and more and causes all sorts of contradictions and conflicts. So whether we should introduce third party in arbitration proceedings gradually be discussed and paid attention to by drawing lessons from the realistic roles that the third person of civil procedure system play. The attitudes that countries put on third party of arbitration are different, so does China. There is a huge difference especially in the necessity of building the theory of third party of arbitration. The differences also directly contribute to the confusion about the solution to related problems in practice.At first, we discuss representative theories and viewpoints about third party of arbitration from the point of domestic definition controversy. And we put forward our own opinion on this basis. The third party of arbitration refers to the third person who joins the ongoing arbitration case because of having relationship on substantive law with the case, and he is out of the parties on agreement. The arbitration parties on agreement here refer to the parties in the broad sense. It includes not only the arbitration agreement signatories, but also includes the substantial parties because of the long arm potency of the arbitration agreement. Only qualified third party out of substantial parties can become third party of arbitration.Then in the second part, we propose the problem that should we build the arbitration system of third party in our country. According to the article, there is the necessity of construction in our country. Because it is the demand of practice, legitimate program and being line with international legislative, it fits the relativity of autonomy principle. And the reasons that oppose for setting up the arbitration system of third party are untenable.And in the third part, we compare the two systems that are easy to cause confusion-the litigation system of third person and the arbitration system of third party. And we study the relationships and differences between them from comparative perspective. In particular, they are similar in the establishment basis and goal, value pursuit, the conditions and time that the third party participates in the program. But they also have obvious differences in the standards that determine the subject, scope of rights, existence field. In addition to the litigation system of third person, the consolidated arbitration system is also easy to make people confused. It makes a person suspect whether construction of the arbitration system of third party is redundant and not necessary. In fact, there are multiple arbitration procedures in consolidated arbitration, while there is only one arbitration procedure when introducing third person to arbitration from beginning to end. Although there are similarities between them in some degree, the differences are also obvious.And in the forth part, we study the legislation of the third party of arbitration overseas. The paper introduces the different countries and arbitration institutions rules mainly from the following five big aspects:legislation mode, scope of the third person, terms and conditions that the third person participates in the arbitration procedures and the authority of the arbitration tribunal. And appropriate conclusions are made in the paper. It aims to build the arbitration system of third party that conforms to the actual demand in our country at present by the ways of criticism and reference.In the end, we put forward specific ideas about constructing the arbitration system of third party in China. We put forward legislative proposals from the legislative mode selection, the program that the third party of arbitration participates in, the rights and obligations after joining as well as the related relief system.