The Study On The Third Party In Arbitration Procedure

As the continuous development of market economy, the civil and commercial disputes subject has become increasingly complex. More and more disputes is no longer just in case the parties involved, often involving enjoy rights and interests of an outsider in the subject matter of the dispute and legal relationship becomes more complicated.In 2012,《Civil Procedure Law of the People’s Republic of China 》 increase one clause in article 56, as the third paragraph.The rights of a third party outside the counterproposal provides further legal protection.Proceedings, the court can not only takes the initiative to append a third person, but also applies to a people’s court to join has been proceeding.In addition,when the reason of absent of the third party is the outside cause.As long as the third party prove effective judgments or written orders or conciliation statement damaging their civil rights and interests, the third party can lodges a complaint.If the claims set up, the people’s court shall changes or eliminates the original referee result.Arbitration,because of its closed, quick, economic and other characteristics,plays an important role in civil and commercial disputes, and increasingly become among of the main "accusing the mechanism of dispute resolution(ADR)".However, civil and commercial arbitration cases in the arbitration practice legal relations become increasingly complex, involving an outsider situation in a increas number. The third party of arbitration become an unavoidable problem.Therefore, the author thinks that the arbitration system should also follow the time development to deal with questions about the third party and better play to the advantages of arbitration system.This paper will be divided into six parts, the analysis of the problems of the third party in arbitration proceedings.The first part, through to the arbitration system, introduced in this paper, the problem of arbitration procedure of the third party.Then the third party of arbitration procedure in theory research present situation analysis, summarized theconcept of the third party in arbitration proceedings, and the third party of arbitration procedure of relevant concepts are analyzed.The second part, through the enumeration problem of the third party in arbitration practice, analyze the arbitration system of third party is a necessity.The third part, to build the third party in arbitration proceedings system for feasibility analysis.Through summarizing the present domestic theoretical achievements of the third party of arbitration, the analysis is introduced into the theoretical foundation of the system of the third party.In the fourth part, the related foreign arbitration law and connected with the third party involved in the arbitration rules of arbitration procedure rules are analyzed.The fifth part, on the civil litigation to a third party and the third aprty of arbitration procedure were analyzed.Understand the concept of civil litigation system of the third party, litigation related to classification of the third party, with a third party in arbitration proceedings were analyzed.The sixth part, to establish the idea of the third party arbitration system in our country.From the establishment of the arbitration system of third party subject scope, way and the supervision of the status of the arbitration tribunal and the court of arbitration tribunal, etc to build the third party of arbitration system.