Litigious Arbitration Research

With the continuous development of China’s economic and trade, commercialdisputes are increasing, the parties to the dispute are more eager for CommercialArbitration to solve disputes quickly and flexibility. Due to historical reasons and realfactors, China’s arbitration system has been showing the trend of litigation sinceChina’s long established arbitration system. Which jeopardize China’s arbitrationenvironment, and become obstacles to the development of China’s arbitration.This paper is divided into six parts, including the preamble, chapter One toChapter Four and epilogue. The main content of the various parts are as follows:Chapter one is about the formation of Litigious Arbitration. In this part, theauthor first introduces the meaning of the Litigious Arbitration, to establish theevaluation criteria of the Litigious Arbitration, and briefly describes the presentphenomenon of Litigious Arbitration.Chapter two is about Arbitration Values. In this part, the author first introducesthe meaning of arbitration and the history of arbitration, in order to determine thepositioning of the history of arbitration. Secondly, by introducing the academic debateof arbitration and the difference between arbitration value and litigation value, authorwould determine the value orientation of arbitration. In addition, compared with othermethods of dispute resolution by arbitration, Identify the advantages andcharacteristics of arbitration. Finally, analysis of the historical positioning, values,nature and characteristics, comes to the idea that arbitration cannot be replaced. Chapter three is about the causes and hazards of China’s Litigious Arbitration. Inthis chapter, the authors first analyze the causes of Litigious Arbitration, from "thelack of Arbitration tradition","political framework restrictions","positioning lost"three parts to proceed, pointed out the causes of the Chinese phenomenon of LitigiousArbitration based on China’s unique historical reasons, cultural traditions, politicalenvironment and internal factors. Secondly, by listing three typical phenomenon ofLitigious Arbitration. author analyze the harm to China arbitration: first, through theanalysis of the rigid requirements of substantial elements of the arbitration agreementin Arbitration Law, as to the phenomenon of Litigious Arbitration, relatedorganizations should adhere to the first principle-the principle of party autonomy;Second, the content of the country Arbitration Commission Arbitration Rulesintroducing the litigation system mechanically clearly establish the publicannouncement, which leads to the loss of the confidentiality of arbitration and makethe advantages of arbitration weaken or even disappear; Third, through the analysis ofthe judicial supervision of arbitration, author realizes that arbitration need to monitor,but author’s opinion is that the range of judicial supervision in China is too large andlocal courts own heavy power, the judicial supervision would block the healthydevelopment of the arbitration, become obstacles to the development of the arbitrationand cause the arbitration inefficient. Finally, author points out that the LitigiousArbitration goes against Arbitration Values.Chapter four is about some opinions of non-litigious arbitration. In this chapter,the authors analyzed China’s adjudication of litigation facing the unique nature andurgency of the situation, and list some author’s suggestions with regard toNon-litigious arbitration..In the epilogue, the authors point out damage of litigation which hazard andimpede the development of arbitration, to further emphasize Non-litigious arbitrationwithout delay.