The Rules Of Right To Abandon In International Commercial Arbitration

With frequent international political and economic exchanges, many kinds of disputes emerge in endlessly, the arbitration has become the most important one of the solution of the dispute resolution in the field of international commercial. In international commercial arbitration, in the condition of arbitration or litigation efficiency,the arbitration tribunal or court often deal with the right of dissent rather than rules to party's right of an objection or defense abstained, and the parties malicious quote right of objection to abandon rule undue delay arbitration or judicial proceedings, these impact of the entity rights and obligations of the parties could not be ignored. In addition, our country's present arbitration law and its judicial interpretation, relevant arbitration rules of arbitration of the right to dissent on rules of give up is not perfect. The white space law influences seriously the development of arbitration system in China and its docking with the international commercial arbitration system.Therefore, the study of "right of dissent waiver clause" is helpful to improve the development of arbitration legal system in our country, it will guide commercial arbitration practice, and strengthen the international voice of the arbitration institution of China, promote the development of the internationalization of the arbitration in China.This article altogether consists of the following five parts:We will first define the right of objection to the international commercial arbitration rules of give up several important concepts in thesis analyzes, selects of the international arbitration institutions and regional arbitration rules of arbitration of dissent rights give up rules,summarizes the rules of the basic contents, classification, value, etc.Secondly, we will analyze the problems of application of arbitration dissent right to give up,summarize all kinds of behaviors of the parties in the arbitration process, then pointe out that different behavior may produce different consequences.Thirdly, we will analyze the problems of application of arbitration procedure of the objection right to give up, discuss possible flaws of the jurisdiction of the court that may emerge in the arbitration proceedings, the arbitrator selected application aspects. Then pointe out the consequences of give up the right of dissent behavior generated.Fourthly,we will analyze the situations of cancellation and refusal to enforce the arbitral award by the parties related situation.Finally,we will analyze our country current arbitration waiver rules legislation from aspects of legislation and practice, and make a suggestion to perfect the relevant legal advice specific opinions and practice guidance.