Research On The Third Party System Of Commercial Arbitration

Third party litigation system has been widely applied,but with the increased and complicated of the civil and commercial cases,the arbitration cases involving more and more about the third party of arbitration,but the system in the world has not been widely recognized,various countries and scholars views on commercial arbitration system of the third party are also different.But more and more interests are related to the third party of arbitration,and because of the third party of arbitration who can not participate in the arbitration procedure makes arbitration cases appeared problems such as procrastination,conflict arbitration.To solve the above problems,the author makes a comparative study of related theories in the academic circle about whether to establish the third party of commercial arbitration,and summarizes the focus of both sides,and then starting from the focus of controversy,to discuss the rationality,necessity and feasibility analysis of the establish of the third party of commercial arbitration,at the same time discuss the present situation?hinder and the proposals of the third party of arbitration of our country.This paper is divided into four parts:The first chapter gives an overview of the commercial arbitration system of the third party,starting from today's mainstream view,summed up the concept of the third party system of commercial arbitration,and discuss the similarities and differences of some concepts like consolidation of arbitration,the third party litigation system and multi-party arbitration.The second chapter gives the related theoretical disputes about commercial arbitration system of the third party.The academic circles have two kinds of views on this system,a negative theory to the establishment of the third party of arbitration,which lists five reasons,another is the support of the establishment of arbitration system of third party,which lists six points.At last summarizes the controversial focus on the basis of this chapter.The third chapter discusses the rationality,necessity and feasibility of establishing the system of commercial arbitration of the third party from the focus of this both sides.In the fourth chapter,the author discusses the application of the commercial arbitration system of the third party in our country.In a word,the author think the third commercial arbitration system is an unavoidableproblem in commercial arbitration.We should adapt to the transform of the world instead of adhere to the traditional theory.The practical use of commercial arbitration system of the third party in respect of the existing legal basis is the best way to solve the complicated arbitration problems.