On The Application Of The Clause Of "Waiver Of Right To Object" In Procedure Of International Commercial Arbitration

The international commercial arbitration as a form of solving disputes among equalsubjects,originated from the need of trade activity of commercial affairs,it is being widelyused and playing an increasingly important role in practice,due to its high-efficient qualityand convenience.In order to meet the need of the development of international commercialarbitration,Most of the countries and major international commercial arbitration institutionsare constantly updated and improved their arbitration regulatory and arbitrationsystem.Among them,the clause of “waiver of the right to object”is set up into the regulationof arbitration and the system of specific provisions.the UNCITRAL is morerepresentative,The provisions of Rule30is that “a party who knows that any provision of,orrequirement under,the arbitration rules has not been complied with and yet proceeds withthe arbitration without promptly stating his objection to such non-compliance,shall bedeemed to have waived his right to object”.Afterwards,with the development of theinternational commercial arbitration,this provision is absorbed by many arbitration laws andarbitration institutions,and then improved very much. However,It is undoubtedly a bigpity that this clause is not clearly defined in our Arbitration Law.this clause plays a role tourge the parties of arbitration to exert their rights as soon as possible,and void of wastage ofarbitration resources,have a positive effect on both parties.Therefore, having a deep researchon the clause of waiver of the right to object,not only have advantage to rich our theory andpractice of arbitration,and then do good to the development and improvement of ourarbitration system,but also have access to promote China’s commercial arbitration tointernational standards,enhanced our international arbitration voice,and finally promote thedevelopment of international arbitration.