Font Size: a A A

Reformation For The System Of Arbitrator's Award In Mainland China

Posted on:2017-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:L H ShanFull Text:PDF
GTID:2346330542485774Subject:Law
Abstract/Summary:PDF Full Text Request
Since the Arbitration Law 1995,over the past twenty years,Chinese arbitration system has been playing a prominent role in promoting economy development and solving economic disputes.However,we need to know,whether compared with the oversea system or the practical operation in our country,Chinese arbitration system is still in its infancy,especially about the protection of arbitrator group rights,one of the most important is the reward of arbitrator.In reality,however,both the arbitrators and the parties,don't have a normal knowledge about the arbitrator's reward,and the administrator,arbitration committees,make rules disorder,so that the arbitrator's reward system in our country isn't constructed yet.This paper argues that the arbitrator's general rights is the right foundation of the arbitrator's reward,and the arbitration cost system is the practice foundation,which at present are dual barriers,also dual power for the reward system institutionalization.Extensive legislation and lower level law do not confirm the required status of these two systems,which directly result birth defects of arbitrator reward system,so that the primary task is scientific legislation for promoting arbitrator reward system;secondly,the key issue is how to combine the legislative level and arbitration practice management level of arbitration institution;and finally,in the specific operation,we should take full advantage of the existing system,whether domestic or oversea,and learn it for reasonable innovation.This paper adopts the research method to combine theory and practice.Combining with the author's investigation data and other countries' system,on the basis of sufficient consideration about indigenous conditions,we try to put forward a construction scheme to promote the arbitrator system.
Keywords/Search Tags:Arbitrators' reward, Arbitration cost, Construction
PDF Full Text Request
Related items