The Discussion On The Discretion Of Commercial Arbitrator

Our country is in an important period of social transformation,various social contradictions,single way of dispute resolution has been difficult to meet the needs of social development,in today's advocacy of diversified dispute settlement mechanism,as a "quasi judicial relief way" arbitration,has a unique advantage in resolving the dispute.Build a diversified dispute settlement mechanism is an important part to improve the system of commercial arbitration.The stand or fall of arbitration depends largely on the arbitrator's ruling.Therefore,how to regulate commercial arbitrator correct play to the role of the discretion,is an important topic of the perfect commercial arbitration system.The essay will discuss about the nature and legal basis of commercial arbitrator's discretion,and use comparison study method to analyze the similarities and differences of the judge discretion and the discretion of the arbitrators,compare the historical process of commercial arbitration system based on the different law system.The essay will focus on the characteristics of different commercial arbitration mode at the discretion of the arbitrators,and analyzing the present situation of commercial arbitrator on the exercise of discretion,summarizing the commercial arbitrator on the exercise of discretion principle.Last,I will give some suggestions on how to guarantee and standardize the discretionary discretion of commercial arbitrators.