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On The Protection Of The Rights Of Outsiders In Arbitration Cases

Posted on:2018-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhangFull Text:PDF
GTID:2356330515978909Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Arbitration usually focus on settling the disputes between parties,and the content of judicial power only reflect the rights and obligations between them.As economy grows in various ways,the relation between civil and commercial subjects thereby becomes more complex.And the arbitral award thus brought about may infringe the rights and interests of the third Party,leading to an increasing concern over their protection.Because there is only a loose generalization on the Third Party,the paper first discuss the basic meaning of it,then analyze the specific scope of its protection,then proves the legitimacy of its protection in three ways.At present,there are still various obstacles in the protection of Third Party's rights.Frequent case in reality,limitation in arbitration theory,and flaws in the protection system in question,all urged the establishment of security system for Third Party's rights.Using legislative references in foreign countries and Macao and based on the existing relief system,this paper puts forward concrete suggestions to perfect the guarantee the system of the Third Party's rights.
Keywords/Search Tags:arbitration, the Third Party, rights protection, cancellation arbitration
PDF Full Text Request
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