The Rational Evaluation And System Improvement Of The Emergency Arbitrator System In China

Arbitration is one of the means to resolve disputes in modern society,with the development of social,the arbitration system create a new emergency arbitrator.International emergency arbitrator system is the predecessor of the International Chamber of Commerce,which established in 1990 s and leading to an umpire system for the use of fresh.In 2009,the International Centre for dispute settlement began to formally set up an emergency arbitrator system,which adopted a contractual exclusion model.Since other international arbitration institutions have introduced emergency arbitration system,our country began in Beijing economic and Trade Arbitration Center,China Arbitration Center,Shanghai Arbitration Center to introduce the emergency system in 2015,but this emergency arbitrator system has not yet fully mature.With the Huizhou arbitration case and Hongkong H company sued K for emergency use of Arbitrator System Committee,analysising of emergency Arbitrator System in respect of party autonomy,control the abuse of rights,equal protection value,refraction efficiency,procedure and compatibility's features.But our country's emergency arbitrator ascontent decision can't enforcement,finally suggest should improve the Interim Measures issued main litigation subject,expand the content of the arbitration decision and strengthen enforcement the decision,which which provides a reference for the improvement of the emergency arbitrator system.