On The Rights Relief System For The Arbitration Outsiders

Under normal circumstances, the arbitration only solute the dispute between theparties,and the arbitral award is limited to the rights and obligations between the parties. Butwith the social and economic development, disputes between the civil and commercialsubjects having more and more relations, arbitral awards may be detrimental to the outsider’sinterests in the arbitration case. Therefore, how to protect the legitimate rights and interests ofthe Third Party becomes the important problem which the arbitration system concerns.In the existing legislation, the objection of the Third Party in the executive programsystem is the most feasible way for the arbitration outsider to remedy the legitimate rights andinterests, but relief efforts are limited, and only applies to these arbitral awards which haveentered the execution. When the arbitral award does not need to enter the implementationprogram or intervention but do not enter the execution program, the existing legislation doesnot afford timely and effective relief for the arbitration outsiders whose legitimate rights andinterests are invaded. Concerning this, there are loopholes in the protection mechanism of theThird Party interests in legislation. Nowadays, people are increasingly concerned about theAlternative Dispute Resolution, and the arbitration outsiders’ relief should be given sufficientattention. The thesis mainly discusses the improvement of the rights relief system for thearbitration outsiders.In addition to introduction, the thesis is divided into five chapters:CHAPTER ONE: The definition of the arbitration outsiders. The scope of the arbitrationoutsiders is too broad, so in this thesis, the author mainly defines the clear scope of thearbitration outsiders from negation. Unquestionably, according to the principle of autonomy,the arbitration parties signed the arbitration agreement, but with the complexity of the socialand economic life, strictly following the effectiveness of the arbitration agreement can notresolve disputes effectively, then the effect of the arbitration agreement needs to expand, thusmaking the parties who have not signed the arbitration agreement is included in the scope ofthe arbitration parties. Those parties mainly exist in two situations that the arbitration partiesare changed and the law is clearly regulated. Besides the arbitration patties are the arbitrationoutsiders.CHAPTER TWO: The need for the arbitration outsiders’ relief. Under normal circumstances, the validity of the arbitration awards only involve the arbitration parties, but inorder to meet the need of solving the dispute one time and the coordination with SubstantiveLaw,the effectiveness of the arbitral awards expands to the arbitration outsiders, violated theirlegitimate rights and interests. Therefore, in order to realize the legitimacy of the expansion,the requirements of procedure safeguards must be satisfied, and the affected arbitrationoutsiders shall be given the opportunity to express their own interests. However, thearbitration system has inherent limitations, and the prior preventive protection for thearbitration outsiders is not feasible, when the arbitration outsiders are effected by the adverseeffects of expansion of the effectiveness of the arbitral awards, it is particularly necessary togive them the dispute opportunity. According to the present situation of China’s legislation,we should allow the arbitration outsiders to present lawsuit against the arbitral award on thepart of their legitimate rights and interests are violated, at the same time, we should improvethe rights relief system for the arbitration outsiders in the execution program.CHAPTER THREE: An analysis of the rights relief system for the arbitration outsidersbased on the comparative law. This chapter is divided into two parts, the first part introducesand comments on the objection litigation system of the arbitration outsiders cancelling thearbitral award in France and the ruling invalid system in China’s Macao region; the secondpart introduces objection to execution system in France, Germany, and Japan.The legislationprovides an useful reference for the improvement of the arbitration outsiders’ rights reliefsystem in our country.CHAPTER FOUR: A situation review of Arbitration Outsiders’ rights relief in China. Inaddition to the stronger relations of the disputes between the civil and commercial parties,arbitration fraud and other malicious phenomenon has become increasingly prominent is alsothe important reason that arbitration outsiders’ rights are damaged. However, currentlegislation does not provide the right channels for relief. Therefore, considering the arbitrationpractice in our country and the need to make up the loophole of law,,we should improve thearbitration outsiders’ rights relief system.CHAPTER FIVE:Improve arbitration outsiders’ rights relief system in China. The authorbelieves that the complaint system in which the arbitration outsiders cancel the arbitral award,based on the characteristics of it, should not be classified in the existing system through theexpansion of the scope of the main body who can repeal the arbitral award, we shouldestablish an independent system in which arbitration outsiders can cancel the arbitral award, considering this, the author elaborates the idea of the establishment of the system in whichthe arbitration outsiders cancel the arbitral award. Finally, the author made a proposal to theconstruction of the system in which the arbitration outsiders present a lawsuit against theexecution by distinguishing the Third Party Opposition system and the Third Party ObjectionLitigation system to the implementation of execution remedy.