The Doctrine Of Estoppel In International Commercial Arbitration

The doctrine of Estoppel stemmed from fairness and justice in Equity Law, the basic implication of estoppel refers to that none of the parties is allowed to renege on his promises or actions which results in damage to the other party’s rights. Estoppel originated from Evidence Rules at first, then developed in the Substantive Rules, and is being accepted by most of the common law countries. With the development of International Commercial Arbitration worldwide, the doctrine of estoppel has been widely applied in international commercial arbitration. While nowadays in China, there has not been a treatise that comprehensively and systematically introduces the doctrine of estoppel. This thesis firstly systemizes the ways of translation, classifies into two usages according to the different meanings and roles in international commercial arbitration. Equitable estoppel corresponds to the expansion of the validity of the arbitration agreement to the non-signatory party. Collateral estoppel is adapted to the lawsuit or arbitration, which has been decided by courts or arbitral tribunals. The thesis also analyzes the issues driven by the application of estoppel in practice. In the conclusion, the thesis points out the way of realization that China introduces the doctrine of estoppel in the legislation by analyzing Chinese legislation and judicial practice on estoppel at the present stage.