The Research Of International Commercial Arbitration Outsiders Protection

To protect the rights of international commercial arbitration’s outsiders, is the important problem that current arbitration needs to research and solve. When the outsiders has interests relations with this case that is starting between the arbitration parties, whether the outsiders have the rights to attend the arbitration proceedings, and how to participate in the arbitration procedure, there become the focus of theorists and practitioners of arbitration. Recently, although the current arbitration legislation and rules set up the arbitration system of outsiders, most of these rules is scattered, it is not enough systematic and completed. And there are many countries have not yet to establish a mechanism for the outsider to participate in the arbitration procedure.Combining with the related typical cases, this article respectively from the perspective of theory and practice to analyze the arbitration outsiders system, and research the protection process of outsider’s interests in the practice of international commercial arbitration. In addition, this article rationally and pragmatic state the necessity and feasibility of international commercial arbitration outsider’s interests protection.Chapter One: This chapter mainly defines the conception of arbitration outsider,distinguishes the similarities and differences between arbitration “an outsider” and“third party”, summaries and analyzes the legal problem of current legislation and the arbitration rules about the arbitration outsider.Chapter Two: One part of this chapter classifies the situation which summarizes the violation of arbitration outsider’s interests, and summarizes the main situation of infringing the outsider interests based on the parties intentional or negligent consciousness. Another part of this chapter analyzes the reasons for which the characteristics of arbitration make the rights of outsider could not get the legal protection. And state why the legal protection of outsider is limited.Chapter Three: This chapter summaries the legal methods to protect the outsider, does not as an signatory party of the arbitration agreement, in the countriesand regions that have not established the system of arbitration outsider in their current legislation and arbitration rules. Because of the special fact or law behavior such as the agent behavior, the theory of piercing the corporate veil, the transfer of contract rights and obligations, or the principle of third person benefited, the outsider achieve the status of the arbitration party so that it permit the outsider have a right to participate in the arbitration procedure.Chapter Four: This chapter mainly discusses how the outsider protects its own interests on the basic of the legal proceedings. There are the four methods as follow:claiming the arbitration mediation agreement is invalid, requesting the compensation for damages, applying for revocation of the arbitration proceeding and drawing the execution objection proceeding. In addition, this chapter also analyzed the probability of four methods as above and their own legal problems.