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Research On The Mechanism Of Commercial Arbitration Of Liaoning Free Trade Zone

Posted on:2019-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:J N HouFull Text:PDF
GTID:2416330545490494Subject:Law
Abstract/Summary:PDF Full Text Request
The establishment of the Liaoning Free Trade Zone(which is also known as FTZ)is the new measure to reform and re-energize the northeast area‘s economy,which will greatly promote the further development of the region’s economy.The establishment of the free trade zone will also attract a large number of both domestic and abroad enterprises.In this process,it is inevitable that it will be accompanied by a large number of different types of business disputes.So in the face of a large number of opportunities,Liaoning is also faced with a severe test of its system.At the present stage,the commercial disputes are mainly characterized by a high degree of specialization,complicated cases,and difficult to reconcile disputes.Therefore,whether it can establish a fair,convenient,professional and autonomous dispute settlement mechanism is the key to the success of the Liaoning FTZ.Arbitration has its original advantages because of its efficiency priority,case information confidentiality,low cost,high degree of specialization of trial personnel,and so on.Therefore,in order to meet the needs of the development of the Liaoning FTZ,we should give full play to the advantages of the arbitration system.Also,we should perfect it so as to integrate it with the international community,and complement each other with China’s litigation mediation system.On the other hand,the strategic purpose of setting up a FTZ is to make it become an experimental field for the docking of our country with international standards.So the perfection of the FTZ arbitration institution is not only to solve commercial disputes,but also related to the future of our country to achieve further integration of international Belt and Road Initiative strategy.The establishment of a commercial arbitration system that is consistent with the trend of development in Liaoning as well as Northeast China and at the same time can also be integrated with foreign advanced rules will be the key issue of Liaoning FTZ’s development and innovation.This paper analysis the basic theory of Liaoning Free Trade Zone and commercial disputes.Based on summarizing the domestic scholars’ theory,this paper also explain the connotation and extension of the status as well as the characteristics of commercial disputes,also explain the roadmaps from the comprehensive bonded zone to FTZ.Also,I emphasize the importance of the arbitration dispute settlement mechanism for the FTZ by analyzing the particularity of the its commercial disputes and the characteristics.Then the Liaoning commercial arbitration dispute resolution mechanism of the status quo are elaborated,and combined with the research on Shanghai and Singapore,North America and other mature arbitration experience.At last,this paper puts forward some suggestions for improving the third party accession rules,provisional measures,open arbitrator list system and arbitration mediation system of arbitration rules in Liaoning FTZ.And it is suggested that the interim arbitration system be introduced.At the same time,suggestions are also put forward to improve the institution building and personnel construction of the arbitration institutions in the FTZ.
Keywords/Search Tags:Free Trade Zone of Liaoning, Commercial Disputes, Commercial Arbitration
PDF Full Text Request
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