A Study On The Opening Up Of Chinese Arbitration Services Market

With the increasing development of international trade, international commercial arbitration in its privacy, quick and full respect for the parties intention increasingly favored by international business and other characteristics of the body. As an important aspect of trade in services, international commercial arbitration services has become even more highlights of the economy led growth. Countries around the world through arbitration to reform their legal systems in order to create an environment to attract more reasonable party arbitration million domestic arbitration, and promote the development of domestic industry and arbitration of arbitration to boost economic growth. But compared to other countries, China has a large gap in terms of opening up commercial arbitration. Because of China’s "Civil Law" and "Arbitration Law" provisions not directly related to the field of local courts can only be based on their understanding of the case judge, have occurred in the case of codefendant different sentence. In 2013 the Supreme Court on the "dragon gains Anhui case" Reply confirm foreign arbitration institution in accordance with its arbitration rules in China, this kind of arbitral awards effect, which released a meaning for our commercial arbitration services market opening major The good news. 2014 Beijing North Korea to newborn case once again identified no foreign elements not to foreign arbitration arbitration cases. Opening the idea of arbitration is increasingly clear up, but there are still many problems to be solved Cheng.This article tries to anhui longlide case and chaolaixinsheng case happened in the past two years and as an example, from the aspects of arbitration service market opening to the outside world, analysis the arbitration service market should be open, how to open and a series of problems such as obstacles need to be solved in order to arbitration service market opening to the outside world in China have some help.This paper respectively has the following several aspects: the first on the one hand, analysis to clarify the arbitration service market opening to the outside of the specific situation, mainly from the cross-border delivery, flow, commercial presence of natural person, natural person this four aspects were analyzed. The second aspect, from the Chinese academia and practice for the debate of this problem are analyzed, and sum up the main including agreed to open, don’t agree with open and think there is no open these three views. The third aspect, mainly from the policy considerations of the issue, from two aspects of positive and negative comparison, and analysis of the merits of the two kinds of policy, and put forward the implementation of the open policy solutions. The fourth aspect, mainly analyzes the institutional obstacles of opening arbitration service market in our country, obstacles mainly includes the relevant system is not sound, there is legislation blank, the recognition and enforcement of the arbitral award and with the international mainstream standards have very big difference, etc.