Study On The Rights Relief System Of The Outsiders In The Case Of Arbitration

The basis for the commencement of arbitral proceedings is the existence of an arbitration agreement between the parties.The existence of an arbitration agreement reflects the willingness of both parties to submit the dispute to arbitration.The relativity of the arbitration agreement determines that the participating parties to the arbitration proceedings shall be parties to arbitration.However,in terms of substantive rights,the reliance of arbitral awards may expand to outsiders who influence arbitral proceedings.However,if an arbitration third-party system is established in the arbitration system,it will undermine the existence of the arbitration system.It is not appropriate to protect outsiders in an arbitration case by setting up an arbitration third-party system,rather it should adopt subsequent remedial measures.For the designing of the system,we should set up a case for revocation of arbitration awards by outsiders in arbitration cases,a procedural system for the remedy of the rights of outsiders in the case of an objection by outsiders in an arbitration case.The specific conditions for the complaints of outsiders and the jurisdiction of the courts,and the effects of the laws are regulated to protect the rights of outsiders in arbitration cases.This article is divided into five parts and analyzes how to set up an arbitral procedure for the protection of the rights of outsiders in China.In the first part,through the analysis of the limitations of the current arbitration system in China,the improper expansion of the arbitral award,the improper expansion of the arbitral award,and the analysis of the infringement of the parties involved,the author concludes that it is necessary and urgent to set up an arbitral procedure remedy system for the rights of outsiders and lay the foundation for the thesis basis;In the second part,we analyze the legal provisions of France,Germany,Japan,and other countries,as well as the arbitration rules of arbitral institutions such as the Singapore International Arbitration Center,the London International Arbitration Court,the Swiss International Arbitration Tribunal,etc.,and sum up the advantages and disadvantages.Taking lessons from each country and advantageous experience of the arbitral institution in setting up the rights relief system for outsiders in arbitration proceedings;In the third part,the writer analyze why there is no way to set up an arbitration third-party system,and why we should use ex post relief methods to provide relief to outsiders in arbitration cases.It is concluded that the procedures for remedy of the rights of outsiders should be set up for the case where an outsider revokes an arbitral award,and an outsider conducts an objection.The fourth part elaborates on the conditions for instituting an action to revoke an arbitral award by an outsider in an arbitration case,the jurisdiction of the court,the period of prosecution,the validity of judgment,and the penalties for the abuse of the right to appeal;Lastly the fifth part elaborates about the prosecution conditions,the length of prosecution period,the jurisdiction of the court,the validity of the judgment,etc.