Research On The Abandonment System Of Opposition Rights In International Commercial Arbitration

In international commercial arbitration,the finality of arbitral award has been commonly confirmed by national legislation,but in order to ensure the impartiality of arbitral award,various countries keep the relief system of judicial review.In case of the parties who unsatisfy the arbitral award abusing of judicial review relief system to fight against the award,maintaining the effectiveness of the award,some countries regulate the waiver rules.With the development of the international commercial arbitration,wavier rules are absorbed and completed by many arbitral institution.While Chinese <Arbitration Law > has no specific provision about the wavier rules.In 2006 the Supreme People's Court has enacted the <Arbitration Law Judicial Interpretation> which regulates that if a party has not proposed objection to the jurisdiction in a certain period of time,and then applies to the people's court for the invalidity of arbitration agreement,the people's court shall not accept it.But it is also far away from wavier rules,causing that clause can't play a role in our arbitration system.So this paper will introduce wavier of jurisdiction objection,wavier of procedure objection,wavier of arbitral award objection,in order to establish this rule in Chinese arbitration system.This paper consists of five parts:The first part introduces the definition of international commercial arbitration and wavier rule,analyzes it's connotation and denotation.Also includes it's theoretical basis and value orientation,points out the importance of efficiency in arbitration by law and economics analysis method.The second part introduces wavier rule of jurisdiction objection.This part analyzes the ways of wavier of jurisdiction objection,the applicable condition,applicable consequences and applicable exceptions.The third part introduces wavier rule of procedure objection.This part analyzes the ways of wavier of procedure objection,the applicable condition,applicableconsequences and applicable exceptions.The forth part introduces wavier rule of arbitral award objection.This part analyzes the ways of wavier of arbitral award objection,the applicable condition,applicable consequences and applicable exceptions.The fifth part analyzes why China haven't accept wavier rules,points out the importance of this rule and how to consummate it in our arbitration system.