Research On The Protection Of The Arbitration Outsiders' Rights In The False Arbitration

Civil and commercial disputes are increasing with the development of economy.The behavior of some actors to get illegal interests,using false litigation,false arbitration and other ways,are becoming widespread,which not only harmed the interests of arbitration outsiders,but also damaged the normal judicial order and undermined the authority of the judiciary.On the regulation of false litigation and the protection of arbitration outsiders,China's civil procedural law has been relatively perfect by providing the suit of the third party discharging the judgment and corresponding penalties for false action,malicious action and other forms of illegal acts.However,there is no arbitration third party in the arbitration system and the arbitrators have no qualification of the parties' rights relief due to the late development of the arbitration system in China.In this paper,we discuss a series of problems related to false arbitration and outsider protection from the case of a false arbitration,and put forward some suggestions on how to improve the relevant measures in our country.The full text consists of the following four parts.The first part is the basic situation of the case.This section introduces the cause and the basic information of the case,that is,Zhang filed a lawsuit to the court that Dong and Dai damaged the interests of the company,because of the false arbitration between them,and damaged the interests of the company and other shareholders.After that,the author summed up the controversy focus of the specimen case.The second part is the analysis of the jurisprudence.This part is divided into three sections.The first section is analysis of the basic law and introduce how to identify the false arbitration,and discussed from the four elements identified standards;discuss the scope of the outsider in the expansion of the arbitration agreement;The second section demonstrates the necessity of the protection of the rights of outsiders,That is,from the social level,the expansion of the arbitral awardeffectiveness,the parties autonomy and the limitations of arbitration system itself to show that the interests of outsiders need to be protected by law.The thirdsection is the analysis that the difficulties of the false arbitration case to protect: lack of related problems and no legal requirement;the arbitration outsiders cannot participate in arbitral proceedings belongs;separate suit to remedy difficult.The third part is the analysis of the focus and the court's handling of the case.This part starts with the focus of the dispute,combined with the previous analysis,and points out the existence of false arbitration in Dong and Dai,and the status quo that the court can not effectively protect the interests of the company and other shareholders.Meanwhile,the author of the foregoing analysis,making assumptions about other possible remedy in the present case,that conclusions may not be an effective remedy.On this basis,the author suggested that the complaint of canceling the arbitral award by the third party should be established.The fourth part is the revelation of this case.This part analyzes the actual situation reflected by this case and combined with the analysis of the current situation of jurisprudence and the judicial situation,puts forward the concrete idea of establishing the complaint of canceling the arbitral award by the third party and Establishing false recognition mechanism of arbitration,the suggestion of clarifying the legal liability of the responsible person,to regulate the false arbitration.