On Compulsory Arbitration Under The UN Convention Of The Law Of The Sea

The United Nations Convention on the Law of the Sea (herein refered as"UNCLOS") is regarded as "Ocean Charter", which being into force laid thefoundation of modern maritime order and provides a strong legal protection for thesettlement of maritime disputes. Accordance with the relevant provisions of Part XVof the UNCLOS, the relevant parties to the dispute should resolve disputes throughpeaceful means; if the parties fail to solve the dispute by peaceful means of their ownchoice they must submit the dispute to one or more dispute settlement mechanismwith the provisions of Article287of UNCLOS.The above dispute settlement mechanisms include the International Court, theInternational Tribunal for the Law, the arbitral tribunal and special arbitration court.Among them, the arbitral tribunal is established as a judiciary accessory according tothe provision of Annex VII in UNCLOS where the whole compulsory arbitrationsystem is included. The compulsory arbitration system in UNCLOS has dramaticallybreaken the nature and characteristics of traditional arbitration system, weakened thenation’s participation and controlling the arbitration process, and strengthen specificcoercive powe of the arbitration system as a third-party referee.whether the practicewould have significant impact on the future development of international arbitrationsystem is worth many schlars’concern and will be also discussed in the paper. In this paper, it start with an overview of the compulsory arbitration system byintroducing the concept of compulsory arbitration system and then clearfy its uniquecontent.afterwhile it summarize the characteristics of compulsory arbitration systemand on this basis detaily analyze the significant value and role of compulsoryarbitration system by comparation.Meanwhile the paper introduces main contents of compulsory arbitration system,where the beginning of compulsory arbitration procedure, the formation of the arbitraltribunal as well as its jurisdiction is include. On this basis, it also analyze mandatoryrestrictions and optional exceptions to apply compulsory arbitration process.this kindof arbitration proceedings provide better option in practies for the world maritimedisputes resolvation and as a result here the paper select a few lastest cases involvinghow to bring compulsory arbitration proceedings about and what is the substantiveissues under the jurisdiction of the arbitral tribunal and the so on. During casesanalysis, it focuses on the applicable rules and reasons with review cases as an end. Inthe last part of the paper, it analyzes the feasibility of compulsory arbitrationprocedures when apply in practice on accordance with Chinese declaration on reservefrom mandatory arbitration procedure. And finally it set forth advices aboutadjustment to treat specific recommendations compulsory arbitration procedures inappropriate position. These advices would be helful on providing an idea to resolvemaritime settlement by mean of compulsory arbitration procedures and on safeguardChinese maritime rights.