On The Authority Of International Commercial Arbitration Tribunal

AS the most important ruling body in the resolution of international commercialdisputes, of course, international commercial arbitral tribunals have some certainprivileges. However, with the legitimacy of the arbitral tribunal exercising powersbecomes a element to be reviewed when the implementation court recognizes andenforces an arbitral awards, it’s necessary to make the arbitral tribunal powers typedand systematic. In one hand, it can help to clarify the specific powers of the arbitraltribunal in the arbitration cases, and can facilitate the parties to supervise and subjectto the decision of the tribunal. On the other hand, it also can facilitate theimplementation of the court to review the legality of the exercising of the arbitraltribunal powers. In addition, compares to the United Kingdom, the United States,Singapore and other strong countries of international commercial arbitration, thepractice of international commercial arbitration in China still has many problems. So,by the comparison of the arbitration legislation and rules of arbitration institutions indifferent countries, our country can find a good reference standard to build andimprove the system of international commercial arbitral tribunal powers. Therefore,the choice of analyzing the international commercial arbitration tribunal powers hascertain practical significance and theoretical value.This article consists of four chapters, more than25,000words. Arrangements ofeach chapter as follows:The first chapter introduces the concept of international commercial arbitrationtribunal power. Through define its body concept and the major forms to define thebody of the international commercial arbitral tribunal powers.Chapter II mainly discusses on the source of the arbitral tribunal powers. Thechapter’s goal is to clarify the nature of the international commercial arbitrationpowers and make a basement for the next chapter.The third chapter introduces the classification of the International CommercialArbitral tribunal powers, and the powers will be divided into three types in accordance with the source of the arbitral tribunal privileges, such as the powersagreed by the parties, the powers authored by law and the powers conferred by therule of an arbitration institution. In addition, the chapter also introduces the emphasispower belongs to the three types of the arbitral tribunal privileges, focusing on thepower of the Jurisdiction of the Arbitral Tribunal and the power of deciding interimand conservatory measures.The fourth chapter is based on the elaboration of last three chapters, andcombined with our current practice of arbitration to find the existing problems ininternational commercial arbitral tribunal powers system. The problems in our countryare the arbitral tribunal has no power of the arbitration jurisdiction and decidinginterim and conservatory measures. Moreover, The Arbitration Rules arbitrarily conferthe power to the arbitral tribunal. So, this chapter’s goal is to give some constructivesuggestions in the case of reference of some common practices in other countries, andmake the legislation of our country in international commercial arbitral tribunalpowers more reasonable and perfect.