Research On Service System Of Commercial Arbitration In China

With the continuous occurrence of commercial disputes in recent years,commercial arbitration as a means of dispute resolution,by virtue of its professionalism,efficiency and confidentiality,has been generally accepted and favored by the parties concerned.A growing number of parties have chosen confidential and highly efficient commercial arbitration among various dispute resolution methods such as people's mediation,commercial arbitration,and civil litigation.Different from the "two-trial final review system" in civil lawsuits,commercial arbitration has the feature of "one final ruling." Commercial arbitration rulings will have legal effect from the date of their issuance.Therefore,the protection of parties involved in commercial arbitration shall be subject to various procedural rights.Exercising all-round is particularly important.The exercise of the parties' procedure rights is closely related to the effective service of commercial arbitration documents.The purpose of the arbitration notice and arbitration documents is to inform the parties of the duration and date of the commercial arbitration activities,and to inform the parties of the contents of the commercial arbitration activities and related rights.The parties properly prepared for the corresponding commercial arbitration activities and safeguarded their own legitimate rights and interests.Therefore,the delivery of commercial arbitration notices and arbitration documents is the core of linking the entire commercial arbitration process.However,at this stage our country's arbitration service delivery system is in a blank state in the legislation,which makes the practice of specific arbitration service chaotic.The people's court does not have relevant reference standards for the judicial supervision of arbitration,but wrongly applies the "Civil Procedure Law of the People's Republic of China"(Hereinafter referred to as "Civil Procedure Law")is not conducive to the development of commercial arbitration in our country.In order to promote the development of commercial arbitration in our country,the system of service of commercial arbitration should be regulated at the legislative level,including the subject of commercial arbitration,the mode of delivery,the address and the standard of service.This article mainly elaborates the service system of commercial arbitration through four major parts.The first part gives a brief introduction of China's commercial arbitration delivery system.First of all,it summarizes the subject and content of the service of commercial arbitration in our country.Then it analyzes the function and significance of the service delivery system of commercial arbitration.At last,it clearly points out that the commercial arbitration system is different from the system of delivery in civil lawsuit.The second part puts forward the current situation of the legislation and practice of the service delivery system of commercial arbitration in our country.Summarizes the provisions on the service delivery system of commercial arbitration in the arbitration rules of each arbitration institution,sums up the insufficiency of the existing provisions of the service delivery system of commercial arbitration in our country,and sums up the practical predicament of our country's commercial arbitration delivery system based on the arbitration practice.The third part analyzes the reasons for the problems in the delivery of commercial arbitration in our country.Through the use of comparative analysis,this paper analyzes the reasons for the problems in the system of commercial arbitration arbitration in China,and provides scientific and reasonable basis for the improvement of the system for the delivery of commercial services in China.In the fourth part,I put forward some concrete proposals for improving the system of service delivery in our country.Under the guidance of "the principle of arbitration autonomy of parties",respecting "option of procedure of parties",in the "Arbitration Law of the People's Republic of China")In the commercial arbitration service delivery system to be clearly defined,as well as a clear judicial review of commercial arbitration standards and so on.This article is mainly based on the status quo of the legislation and practice of commercial arbitration in China.It uses literature research methods,comparative analysis methods,case analysis methods,and comprehensive methods to extract the theoretical research status of the domestic listing arbitration arbitration system.The practice concludes the problems existing in the system of commercial arbitration arbitration,analyzes the existing problems in the system of commercial arbitration arbitration in China,and puts forward relevant suggestions for improvement in order to provide a theoretical basis for the development of the commercial arbitration arbitration system in China.