The Cancel Proceeding Of Third Person In Arbitration

Arbitration is an important part of diversified dispute settlement mechanism,the parties' autonomy as its important cornerstone,and in principle it is only binding the parties of arbitration.At present,around the arbitration should or shouldn't exist the third person of the arbitration system and the cancel proceeding of third person of the arbitration system.In the many laws of arbitration,the change of results of arbitration is limited to two aspects:one is the revoked of arbitral award,the other is the refusal to enforce of arbitral award.And the main body of applying for the revoked of arbitral award and the refusal to enforce of arbitral award is confined to the arbitration agreement of the parties and their agents,rather than outside the need for effective protection of outside the third person.Therefore,in this article,the author defines the third person of arbitration,combining the existing relevant systems,the introduction of the third person of arbitration procedure of the analysis on existing revocation of the necessity of lawsuit system,and reference to the actions in the field of the third person to cancel lawsuit system,build a cancel proceeding of third person of the arbitration,and tries to put forward the corresponding legislation suggestions.This paper is divided into five main parts:The first part:through arbitration violate the interests of a third person in the actual cases,lead to protect existing gap in the field of arbitration to the third party the judicial relief.The second part:discuss the cancel proceeding of third person,and discuss what is the cancel proceeding of third person in the arbitration,what is the cancel proceeding of third person in the litigation.The third part:from the current system of the third person of arbitration law lacks,the revoked of arbitral award,the refusal to enforce of arbitral award,the execution objection proceeding of angle,discusses arbitration should exist the cancel proceeding of third person.The fourth part:on the basis of above analysis,from the main body of jurisdiction scope,time limit,application situation,the angle of attribution and the scope of jurisdiction for arbitration to have a detailed description about building the cancel proceeding of third person of the arbitration system in our country's building.The fifth part:region legislative experience at home and abroad for reference,and based on the actual situation of our country,scientific and reasonable to put forward about the legislative proposals of the cancel proceeding of third person of the arbitration,and conduct on the summary and outlook.