On The Third Party System Of Arbitration

As a way of settling dispute, arbitration has a long history. According to historical records, it has emerged a situation that an elder arbitrated disputes in primitive society. It is proved that arbitration has taken shape in the early stage of human society while it is largely differs from current arbitration. Compared with advanced arbitration system of western countries, China didn’t establish arbitration system until in the early of 20 th century. After the foundation of new China, the arbitration system has experienced hard times. With the issue of Arbitration Law, it marked that the arbitration system of our country has started a brand new stage by integrating into the world.With the rapid development of reform and opening-up and the frequency of foreign trade of China, the original simple interest relationship between parties to arbitration has become more and more complicated. Many cases have to involve multiple parties inevitably. Both parties hand over to the arbitration because they signed arbitration agreement. However, the target of dispute often involves the third party who is not included in the agreement. Because the Arbitration Law of China doesn’t set the responsibility of the third party, the present arbitration system has no idea when facing the disputes involving the third party. Therefore, both parties have to find another way to settle the disputes.For the system of arbitration the third party, domestic theorists have two different views. In favor of establishing the third party, scholars believe the civil and commercial relations, especially in foreign trade, tend to involve multiple parties with the further development of economic globalization and the deepening of the social division of labor. If all parties can be included in one dispute resolve process to solve the dispute, it can surely greatly improve the efficiency and reduce the burden of both parties. Scholars who oppose it believe that the existence of the third party is a fact and the join of third party will shake the cornerstone of the arbitration system. Moreover, they think most of the countries don’t recognize the third party system in the level of the law and the arbitration practice.The third party system of arbitration is not generated accidentally, but an inevitable outcome with the social and economic development to a certain stage. Dealing with the case involving disputes between the third party in the same program can not only protect the legitimate interests of third parties, but prevent conflicting referee on the same dispute in the court or between the courts, in line with the demand for efficiency from modern world, also realizing the pursuit of their own value. Arbitration should be a contractual, judicial, autonomous and civil mechanism to deal with disputes. It is believed that it is theoretically feasible that both parties agree under the permit, or only one of the parties and other oppose but the tribunal allows supplementary, so the establishment of the third party in the arbitration system is not going to shake the foundations of the regime, but to meet the need of practice development. And compared to our current caution in legislative practice, there are many countries worldwide actively trying third party system of arbitration, and make provision for third party system in the relevant legislation. Meanwhile, some domestic arbitration institutions have actively explored in this respect, gaining some experience, for example, China International Trade Arbitration Commission, Chongqing Arbitration Commission and Guiyang Arbitration Commission respectively involves the third person system in their Arbitration Interim Provisions.How to build the third party system of arbitration in China is a very important problem. It is related to whether the third party because of institutional reasons for crack problem and cannot join the arbitration proceedings brought in, but also to maintain the principle of autonomy of the arbitration. But in any case, refers to some issues. such as how the third party participate in arbitration, added time, the third party system and other systems of cohesion and the third party, and obligations of the arbitration proceedings, is our country should be considered in the construction of arbitration system of the third party.