Study On Legal Aspect Of The Third Party Under The International Commercial Arbitration

Diversification is the trend of the development of human society, international commercial dispute resolution mechanisms are no exception. In modern times, in the area of international commercial exchanges, whether it is the subject of contacts, but also is a way of communication, exchanges of interests and values until the international commercial disputes of the type, showing a wide range of features. This determines the subject of international commercial relations requires a wide range of solution to their dispute. Civil rights disputes by means of arbitration between the parties as early as at the country and before the advent of the judiciary has been developed. After World War II, international commercial arbitration legislation clearly shows trends in internationalization and assimilation. Western scholars believe that an international arbitration culture is emerging. As a means of extrajudicial dispute resolution, arbitration is voluntary basis by the parties, third party outside a court judgment, ruling enforcement, and system characteristics of a Conference final. After a century of development of the international commercial arbitration in the settlement of international civil and commercial disputes occupies an important position. With the complex and deepening of international civil and commercial exchanges, the traditional practice of international commercial arbitration system was unable to cope with a lot of third party issues. Seen from the origin, third party system began in the civil action, core content and cases of conflicts have been implicated in the case to introduce proceedings to resolve disputes. In practice, most national legislation and arbitration rules, and there is no formal international commercial arbitration system of the third party or system. According to conventional wisdom, the original third party to participate in the arbitration of the arbitration process, once the arbitration agreement parties are to appear in the third person not only in breach of the principle of the autonomy of arbitration, may also make the arbitration may refer to the disclosure of trade secrets are not normally lead to the parties ’ interests. However, to deny third party system in international commercial arbitration, the parties will not resolve some type of complex disputes through arbitration, making it impossible to achieve the quorum system should be for the convenience of the parties. Therefore, international commercial arbitration system, the establishment of third party issue has been a topic of hot debate and difficult. Since the Arbitration Act since its implementation in 1995, commercial arbitration as a dispute settlement mechanism in solving civil and commercial disputes in important ways and means, has been slow in China. As of now, China’s arbitration system has a more complete system, systems and functions, and its status and role has become increasingly acute. But due to the current international commercial transactions after that period of time tend to be complex, often involving multiple countries and multiple copies of the contract by the parties, such as bringing a number of arbitration procedures often had to lift many times to solve a dispute to arbitration, not only increases the time and cost and different arbitral award may not be consistent with the results, it is difficult to settle the dispute. Especially in the case of large parties of the international sale of goods, international construction contracting, shipping contracts, a large number of brokers, contractors, resulting in multiple parties. May require a party applying for arbitration will involve one or more parties assume the rights and obligations of the parties. If not in arbitration proceedings cannot be reflected in the maintenance of the legitimate interests of the third party, the third party will apply for additional new arbitration, is not only a waste of judicial resources and lead to possible arbitration dispute is not settled, and the outcome of the arbitration award could not be implemented.In the first part of the international commercial arbitration system of the third party and related concepts, introduces major theoretical disputes on establishing the system of the third party.Part II from a third party system of commercial arbitration has established the theoretical basis of point set international commercial arbitration system of the third party’s possibility and necessity.Part III from the perspective of comparative law for the States and arbitration agencies on the system of the third party provisions are summarized and summarized.Part IV According to a third party system in our country’s development combined with the reality of arbitration system of environment construction of China’s third party advice.Purpose of this paper is to, through the scholars at home and abroad, major doctrines about third party system, as well as third party system-related theory in the field of analysis, demonstrate the international system of the third party in the settlement of disputes in international commercial arbitration in the course of rationality and advanced. And abroad already applicable or the applicable third party is promoting the practice model of the system analysis, deep in the arbitration system in China to establish the theoretical basis of the system of the third party, and rich practical experience, can gradually apply in practice the actual level of economic development environment of third party arbitration and arbitration system.