| As a bridge through the arbitration procedure,the arbitration service needs to serve the arbitration documents from the beginning to the end of the arbitration procedure.In practice,due to the non-cooperation of the person on whom the documents are to be served,the registration information is not timely changed due to the reinforcement of population mobility between different regions.Service of arbitration,as well as service of civil action,has the problem of “hard to service”.Based on the real situation of arbitration service in China,this paper improves the arbitration service system and solves the realistic needs of arbitration institutions,Turn the idea of supporting arbitration into a legal norm.In addition to the introduction and conclusion,this paper is divided into four parts:Chapter one is an overview of arbitration delivery.The arbitration delivery system is the product of the efficiency of the arbitration committee’s ruling,the legal rights of the applicant and the respondent,and the court’s judicial review.Different from the service of civil litigation,the arbitration is served with the characteristics of notification,with the meaning of autonomy and efficiency as the value orientation.The effective delivery of the arbitration document not only determines whether the arbitration procedure can proceed smoothly,but also the legality of the arbitration procedure and the important guarantee for the smooth execution of the arbitration award.It means a lot to protect the legitimate rights and interests of the parties to the arbitration,improves the efficiency of dispute resolution,and enhances the authority of arbitration and credibility.Chapter two is about the present situation of arbitration service system and judicial review in China.There are few provisions on service of arbitration in China’s arbitration law,while the arbitration rules of domestic arbitration institutions regulate the service procedure.Through the analysis and comparison of the collected 193 arbitration rules,there are certain differences between the rules for the delivery of the rules.If the available delivery methods are different,whether the parties are allowed to agree on the delivery method,whether it is necessary to fill in a confirmation of service etc.,The details are presented in tabular form.In general,the arbitration service system fails to take full advantage of the autonomy of the will of arbitration,and the specific applicable norms of delivery methods need to be improved.At the same time,there are still some deficiencies in the provisions of service liability.In practice,the undeliverable or defective service of arbitration documents hinders the smooth progress of arbitration proceedings.In some cases,the arbitral award is revoked or not enforced due to the illegal delivery procedure.This paper conducts an empirical study on the selection of 90 cases that apply for arbitration and judicial supervision on the grounds that the service procedure is illegal.Due to the violation of service procedures,the specific causes of arbitration judicial supervision are as follows:(1)There are textual errors in writing;(2)the objects of delivery is not comprehensive;(3)the address of the delivery is wrong;(4)the recipient does not have the qualification for collection;(5)the delivery period has not been strictly enforced;(6)The application of service by public announcement does not meet the conditions;(7)The application of electronic delivery does not meet the conditions;(8)Other issues in the delivery of the mail,The specific proportion of each cause is illustrated in a pie chart.The main reasons for the failure of the arbitration documents to be served are the negligence of the arbitration agency and the lack of provisions in the delivery system.Chapter three is the comparison and reference of the extraterritorial delivery system.In the New York Convention,“not properly notified” is used as a reason for refusing to recognize and enforce an arbitral award.In order to guarantee the recognition and enforcement of our arbitral award in the New York Convention,41 selected executors were selected in this article.Cases that recognize and enforce foreign arbitral awards without giving appropriate notice as a defence,sort out and summarize the rules of the court that our court found to be in violation of the provisions without proper notice.Compared with the types of cases in China that are subject to the judicial process of arbitration due to the delivery procedure,each type of defense object proposed by the applicant executor is more prominent in the selected cases.This paper summarizes and sorts out the extra-territorial delivery system.The main inspirations for the delivery of arbitration in China are: clearly presuppose the applicable conditions of delivery;improve the delivery address;store the written evidence that has been served or deemed to be served;be flexible about the delivery time.Chapter four is to improve the arbitration delivery system in China.In order to actively promote the reform and innovation of the arbitration service,on the basis of the objective experience of arbitration,the arbitration delivery system can be improved from the following aspects: the basic principle that the arbitration service should be adhered to in practice,take full advantage of the high efficiency of arbitration,comprehensive,timely,flexible and efficient delivery;confirm the address and method of delivery,formulate a complete delivery confirmation specification;improve the applicable specifications of the delivery method;clearly specify the applicable conditions for delivery;increase The relevant responsibilities of the parties to the arbitration;the criteria for the uniform and effective delivery.In addition,it is also necessary to improve the working capacity of the arbitrators,optimize the information management of the arbitral institutions,strengthen the coordination obligations of the arbitrators,and avoid the use of civil litigation standards to measure the arbitral service. |
