Studies On The Convergence Of Procedural Rules Of International Commercial Arbitration

The procedural system has always occupied an important position in international commercial arbitration.After the 1960 s,with the deepening of the interdependence of the world economy,the International Trade Law Committee,which is committed to the unification and modernization of trade law,has done a great deal of work in eliminating legal barriers to trade law around the world.One of the most important ones is in the international commercial arbitration procedure system.The "Arbitration Rules" and the "Model Law" formulated and promulgated form a very large legislative practice for international commercial arbitration procedures in most countries.Many countries have revised and improved their international commercial arbitration legislation based on the Model Law.Therefore,the international commercial arbitration procedure system at this time shows the characteristics of convergence.This paper analyzes the causes of this convergence and the rationality of this convergence system,in order to provide useful suggestions for the modernization and internationalization of China's international commercial arbitration procedure system.Based on the basic systems of international commercial arbitration procedures,this paper aims to examine the general procedures of international commercial arbitration in different countries,regions and international organizations,so as to examine the general situation of China's foreign commercial arbitration procedures.Analyze the gap between the legislative norms and legislative trends in the international mainstream,and propose the internationalization proposal of China's foreign-related commercial arbitration system.In addition to the introduction and conclusions,this paper is divided into three parts.Based on the basic systems of international commercial arbitration procedures,this paper aims to examine the general procedures of international commercial arbitration in different countries,regions and international organizations,so as to examine the general situation of China's foreign commercial arbitration procedures.Analyze the gap between the legislative norms and legislative trends in the international mainstream,and propose the internationalization proposal of China's foreign-related commercial arbitration system.In addition to the introduction and conclusions,this paper is divided into three parts.Firstly,it is the analysis of the “convergence” of the current international commercial arbitration procedure system.This part first analyzes the basic concepts of the international commercial arbitration procedure and establishes the research object of this paper.Thirdly,it studies the background of the assimilation,and puts the convergence of the procedural system under the background of economic globalization and the convergence of international commercial law.Finally,the paper analyzes the root causes and factors of the convergence of the international commercial arbitration procedure system: examine its internal causes and root causes,and the direct causes of convergence.The second part is a comparative study of the convergence of international commercial arbitration procedures in various countries.This part sorts and sorts out the international commercial arbitration procedure system,and examines the similarities and differences of the procedures of each country and region.The main contents are as follows: First,the general procedures in the international commercial arbitration procedure,including the general conditions and requirements for applying for arbitration and acceptance.The second is the arbitrator system,including the qualifications of arbitrators,the composition of the arbitral tribunal,the disclosure of arbitrators and the avoidance procedure.The third is the evidence system,including the evidence system of the parties,the investigation by the arbitral tribunal and the court to assist in the collection of evidence.The fourth is temporary measures,including the right to issue interim measures and the implementation of interim measures.In the above questions,countries have basically unified their regulations,and there may be nuances or some countries have more detailed provisions on related issues.The third part is the analysis of the internationalization reform of China's international commercial arbitration procedure system under the background of convergence.This part begins with the evolution of China's international commercial arbitration procedure system.It analyzes the gaps and shortcomings between China's international commercial arbitration procedure system and the above-mentioned popular legislation.Finally,it puts forward the practical path of "internationalization" of China's international commercial arbitration procedure law.Here,the author mainly proposes two ways to amend the current arbitration law and formulate a special foreign-related arbitration law.