Studies On The Remedies System For The Third Party’s Rights In International Commercial Arbitration

With the development of International Commercial Arbitration system, the Remedies System for the Third Party’s Rights has increasing great concerns. It has become a great issue that how to protect the legitimate rights and interests of the third parties and the rights of the Third Party’s relief.Expansion theory on effect of arbitration agreement has been generally accepted. The form of arbitration agreement was no longer strictly limited in written form, the parties to an arbitration agreement extension also will expand to third party. Third party’s status cannot be obtained due to third party isn’t a party of arbitration agreement. Third party hardly participate in the arbitration proceedings when their legal rights infringed by the entry into force of the arbitration award. So, it is necessary to provide relief measures for third party.Third Party did not sign a written arbitration agreement, the parties apply for Arbitral tribunal join third party who has not signed the arbitration agreement to the arbitration proceedings,or the third Party directly applied to join the proceedings does not conflict with the principle of "parties autonomy", because this is based on a new agreement reached by the parties and third party. The arbitration award shall be final, but this does not exclude judicial supervision for arbitration. Empower the third Party apply for revocation of the arbitral award should keep a good balance between third Party’s relief and protection of the rights and interests of parties.Third party enjoys substantive rights on the implementation of the subject matter. Third party can exclude enforcement of the implementation of the subject matter by opposition to execution. The keys of the suits of third party opposition to execution is third party enjoys legal entities subject matter to the implementation of rights, substantive rights or the third party enjoys sufficient rights to exclude the enforcement of the implementation of the subject matter.