Research On Confirm Arbitration

Modern civil and commercial disputes are both realistic and latent.The confirm arbitration has emerged in a completely new situation in modern social dispute resolution systems,creating a new situation in preventing legal risks from the origin of disputes.It has made great achievements in guiding the parties to perform their contracts in good faith and protect the healthy and orderly development of the market economy,and is therefore widely welcomed by commercial entities.The arbitration dismiss plain only pays attention to resolve disputes,to ensure that exposed the controversy and ignore traditional situation of dispute from the source to prevent potential controversy is also included in the arbitration jurisdiction,to meet the demand of the market economy the main body,showed a strong vitality,diversified dispute solution mechanism in our country plays an important role.Based on a new era of vigorous development of arbitration in our country,this essay analyzes and interprets the theoretical basis and relevant regulations of arbitration,and puts the concepts of both theoretical research and arbitration practice into practice,strengthen the empirical analysis of arbitration typical cases,and experience in other country and full text as a whole,on the basis of research results,to confirm the arbitration risks and put forward the preventive advice.In addition to introduction and conclusion,the text is divided into four parts.The first chapter confirms the summary of arbitration.In this chapter surveys on the basis of existing theoretical results,looking for theoretical support to confirm the arbitration:first,the concept of arbitration is defined,and the "fairness","people's mediation agreement judicial confirmation" easy confusion of concept on the basis of the comparison and analysis.Meanwhile,the characteristics of the arbitration are analyzed based on the subject,the object,the characteristics of the procedure and the validity of the arbitration.Second,the arbitration tribunal has the right to resolve potential disputes,safeguard procedural justice,safeguard the rights and interests of the parties.Then,it reveals the defects of the legal system of the contract,the new situation of initiating dispute prevention and settlement,and the function of maintaining the community autonomy and social order.Finally,the significance of confirming arbitration is clear.It includes meeting the needs of the market subject,meeting the needs of potential dispute resolution,meeting the needs of the development of arbitration,and meeting the needs of the diversified dispute resolution mechanism.The second chapter examines and comments on the relevant provisions on the confirmation of arbitration abroad.In this chapter based on the demonstration of international commercial arbitration law,"arbitration law" in Japan,Singapore,the international commercial arbitration law and the ICC,SCC,LCIA,"arbitration rules" the relevant provisions of the WIPO comparison and investigation,to explore the differences and similarities of extraterritorial related regulations,and from the scope of coverage,pay attention to whether the essence of the content,effectiveness by law,etc.analysis outside regulation to the enlightenment to the further development of arbitration system in China.The third chapter is about the system and practice of arbitration.This chapter mainly discusses the practice of arbitration,policy,social background,and analyze the existing regulation at the specification level,on the basis of revealing the current system in the legislative lack support for potential disputes,arbitration rules not enough detailed,an outsider,the interests of the relief way for practical inspection,the arbitration tribunal review facts such as the fuzzy method of disadvantages.To further explore the practice of arbitration the status quo,this paper selected the Wu Zhong accept 35 of the typical cases as the analysis sample,it is concluded that arbitration procedure and entity level of risks in practice.The former includes the improper simplified agreement with the rules of arbitration of the cohesion,easy to "excessive",the settlement way,such as risk,the latter including infringement of national or public interests,the infringement case outside interests,reconciliation agreement illegal or malicious collusion between the two sides.The fourth chapter is to prevent our country from confirming the risk of arbitration.Based on above theories,draw lessons from and outside our country establish system based on the present situation of research and practice,especially in the third chapter refers to the risk system defects and practice as the starting point of problem,this article from the specification level,the specific applicable level and supporting system,puts forward the corresponding Suggestions:At the normative level,should modify the "arbitration law" of our country to make it as so on an possible to confirm the arbitration give positive support,rich applies to confirm the rules of arbitration.