Research On Benefit Relief System For Persons Not Involved In Arbitration Case

Civil arbitration is a mechanism of solving the disputes between parties based on arbitration agreement of the parties involved. The arbitration award takes effect only among the parties of this arbitration. But with economic and social development, the relation between subjects of civil dispute becomes complicated and diverse, and the legislation and jurisdiction cannot give the persons not involved in the case but infringed by arbitration a perfect relief in current stage when the arbitration parties infringe the benefit of the persons not involved in the case. Besides, the security of market transaction will surely protect the benefit of the persons not involved but infringed. Therefore, how to comprehensively protect the benefit of the persons not involved in the arbitration case is an important problem to be solved in development of arbitration system.In China, the benefit of persons not involved in the case is often infringed by the arbitration award in many forms, while the law in force fails to provide full and effective relief avenues for the persons not involved in the case to protect their benefit. By referencing related foreign system and analyzing related domestic system, it is relatively feasible to build a system of petition for cancellation of verdict put forward by persons not involved in the case based on existing system of petition for cancellation of verdict put forward by third party. To make the system of petition for cancellation of verdict put forward persons not involved in the casefully display its protective action, related procedural problems should be comprehensively considered, such as party, object, procedure selection and so on.