Research On The Relationship Between Arbitration Organizations And Arbitral Tribunals In China

The core of the arbitration system lies in the normal operation of the arbitration power.In theory,the arbitration power should be exercised independently by the arbitral tribunal,and the arbitration institution provides management and services for it.The latter exercises the management right of arbitration,but practice However,the power of the arbitral institution is unique,and the arbitral tribunal is relatively weak.As a result,the efficiency of arbitration is greatly reduced,which affects the normal operation of the arbitration right.How to properly handle the relationship between the arbitration institution and the arbitral tribunal,and clarify the power allocation between the two has become an important factor restricting the development of the arbitration cause.This article examines the arbitral tribunal's self-determination jurisdiction,the procedural promotion power,and the arbitral institution's ruling power.The configuration is analyzed and recommendations are made.In addition to the introduction and conclusion,the thesis consists of the following four parts:The first part is the status quo and causes of the power allocation of arbitration institutions and arbitral tribunals in China.It mainly sorts out the current situation of power allocation in China's practice of jurisdictional objection decision,procedure promotion right,and ruling review right,and analyzes its causes.The second part is the defects and shortcomings of the power allocation of arbitration institutions and arbitral tribunals in China.It is mainly due to the lack of jurisdiction of the arbitral tribunal and the lack of arbitral tribunal's power to advance the procedure,which often causes delays in the arbitration process and affects the efficiency of arbitration.The lack of nuclear reading rights makes the quality of arbitral awards low and affects the credibility of arbitration.The third part is the study and reference of the power allocation of the extraterritorial arbitration institution and the arbitral tribunal.It mainly introduces and studies the power allocation of the arbitration institutions and arbitral tribunals of the international advanced arbitration institutions,and sees its advantages and existence in the system and practice.Question,think about it.The fourth part is to improve the thinking and suggestion of the power allocation of arbitration institutions and arbitral tribunals in China,mainly to give the arbitral tribunaljurisdiction of China the right to ruling and procedural advancement,and at the same time increase the arbitral authority's ruling right to review,through the construction and improvement of relevant systems.It also proposes the principles and operative practices that should be followed in order to clarify the principles that should be followed in the allocation of power by arbitration institutions and arbitral tribunals in China,and refine the recommendations that are suitable for China's arbitration practice,with a view to solving problems in practice.At the same time,it also put forward certain ideas for the development of China's future arbitration system.