Study On Service In Commercial Arbitration In China

The issue of service is a crucial link throughout the arbitration activities.It is the basis for the parties to participate in the arbitration process.The arbitration institution or the arbitral tribunal will deliver the corresponding documents in the trial process to each respondent.The conditions necessary for a valid arbitral award.In view of the fact that the arbitral award is characterized by a final ruling,for the parties,the remedy is only revoked or not enforced by the people's court.However,whether it is to cancel the procedure or not to execute the procedure,the people's court's review of the arbitral award does not focus on the physical part,but on the procedural issue.The problem of service is often the common reason for the arbitral award to be revoked or not enforced..In view of this,it is of great theoretical and practical significance to systematically analyze and study the commercial arbitration service system in China.This paper is divided into four chapters.In the introduction,a case in which an arbitration institution was rejected by the people's court due to the issue of the service was cited.From this case,the thinking about the service system of commercial arbitration in China was drawn.The first chapter is an overview of the service system of commercial arbitration in China.This chapter is based on the author's investigation of the provisions of the Arbitration Arbitration Rules of the top ten national arbitration institutions in 2017.This chapter is divided into four parts:function,principle,subject,and service method.In the functional part,the function of the service procedure in the arbitration system is discussed.In the principle part,the two principles that should be followed in the commercial arbitration service procedure in China are described.The specific service procedure is carried out in advance;In the main part,it describes the universality and inevitability of the arbitral institution as the subject of the service,the necessity of the arbitral tribunal and the parties as the main body of the service;in the mode part,the main service method,e-mail service,and lien service Detailed description of the application of the announcement,the service of the commission,and the application of the notarized public notice in the arbitration proceedings.The second chapter compares with the service procedure of commercial arbitration in China through the comparative analysis method and the three dimensions of the service procedure of the model law,the service procedure of civil litigation and the arbitration rules of different arbitration institutions.On the basis of the comparative analysis in Chapter 2,in the third chapter,the problems of the commercial arbitration service procedure are mainly proposed,including the legislative level and the practical level.The fourth chapter is based on the combination of his own work practice and the investigation and understanding of the arbitration institution's service procedures.He puts forward some suggestions on perfecting the service procedure of commercial arbitration,and proposes that the service system should be determined at the legislative level and the people's court should be within certain limits.Supervise and guide the parties to establish correct legal concepts at the institutional level.