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Research On The Disclosure Obligations Of Arbitrators In Commercial Arbitration

Posted on:2019-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:J J LuFull Text:PDF
GTID:2356330548955604Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of economic globalization,international trade is becoming more and more common,and commercial arbitration is playing a more and more important position in the settlement of commercial trade disputes.In the commercial arbitration procedure,the disclosure obligation of the arbitrator is an effective guarantee for the neutrality of the referee.It can not only increase the trust of the arbitrators to the arbitrators and the arbitral proceedings,but also promote the effective recognition and execution of the arbitral award,and the commercial disputes can be solved quickly.Therefore,the arbitration legislation and the main arbitration institutions of the major countries in the world have clearly stipulated the disclosure obligations of the arbitrators in their own laws or arbitration rules.However,the disclosure obligation of the arbitrators has not been clearly stipulated in the Arbitration Law of our country,and there is a lack of legislation.Under this background,this article discusses the disclosure obligation of arbitrators in international commercial arbitration,which is divided into five parts.The first chapter is the introduction,which mainly expounds the reasons,background and significance of the research on the issue of disclosure obligations,as well as the methods and ideas of the author in the study of the issue of the disclosure obligation of the arbitrators.The second chapter is the basic theory part.First,from the legal basis,we analyze the theoretical support of the disclosure obligation of the arbitrator,and further explain the theoretical connotation of the disclosure obligation of the arbitrator from the value orientation of the disclosure obligation,in order to have a macro understanding of the disclosure obligation.The third chapter is about the contents and procedures of arbitrators' disclosure obligations,and makes a detailed exposition of disclosure obligations.The fourth chapter focuses on the construction of the relevant disclosure obligations of our country,with a view to the theoretical choice of the disclosure system of the arbitrators in our country,and then in view of the present situation of the disclosure obligation of the arbitrators in our country,the perfect opinions on the rules of the disclosure of the secondary layoffs are summarized.Taking the legal basis and value orientation of the arbitrator's disclosureobligation as the starting point,first,it explains the meaning of the disclosure obligation of the arbitrator,then further expounds the contents and procedures of the disclosure obligation,and finally summarizes the theoretical selection of the disclosure obligations in the practice of our country,and puts forward a perfect construction of the system of the disclosure obligation of the arbitrators in the foreign commercial arbitration of our country.
Keywords/Search Tags:commerce arbitration, arbitrator, duty of disclosure
PDF Full Text Request
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