Research On China's International Commercial Arbitration System

Arbitration,as one of the most important ways to reslove international civil and commercial disputes,having the essential characteritics of fully respecting parties,and has become a widely used mean in the international community.In order to adapt to the global economy of the new era.The legal system related to international commercial arbitration of our country needs to keep pace with the Times,which many regulations have fallen out of line with international norms.In particular,the inaccurate positioning of the arbitration institution's legal function have seriously hindered the development of China's international commercial arbitration system,even causing the trendency of administration and litigation,which is not conductive to the internationalization of arbitration.Therefore,that may have a negative impact on China's foreign economic and trade,especially One Belt and One Road.In view of this,this paper proposes that China should make accurate positioning for the arbitration institution,reasonably determine the classification criteria of arbitration awards,abolish the stipulation of determining the nationality of arbitration awards by arbitration institutions,clearly stipulate the relevant legal system of temporary arbitration,attach great importance to and take effective measures to avoid the litigation and administration of arbitration in China,remove the definition of foreign law of arbitration institutions in China,and clarify the different status of the law of the place where the arbitration institution is located and the law of the place where the arbitration is conducted.At the same time,strengthen judicial assistance and arbitration supervision,improve the evaluation mechanism and the professional level of arbitration industry team...