Research On Arbitration Challenge System In China

With the development of economy and the acceleration of social life,arbitration,as a way to solve disputes outside litigation,has won the favor of more and more parties for its convenience,procedural independence,expert judgment and other system advantages.But at the same time,many defects and loopholes in the arbitration system are becoming increasingly obvious,and it is difficult to meet the needs of arbitration practice,especially the arbitration challenge system.The recusal provisions in China’s arbitration legislation have not changed for more than 20 years since the legislation,and the historical limitations are obvious.The arbitration rules of various arbitration institutions have uneven provisions on the recusal matters,and lack of universal applicability.Both of them have problems in rationality and operability.Arbitration challenge system is the key defense line to prevent unfair arbitration,the lubricant to promote the smooth proceeding of arbitration,and the important way to improve the acceptability and automatic performance of arbitration award.The shortcomings of the arbitration challenge system in China have greatly reduced the important role that the arbitration system should play in the settlement in dispute.The purpose of this paper is to study the arbitration avoidance system in China and find out the institutional problems in it,and discuss how to improve.When the arbitration law is included in the revision plan again,this study is of great significance for the continuous improvement of China’s arbitration system and the improvement of the quality and efficiency of arbitration.The main body of this paper consists of three chapters.The first chapter is introduced by the case,which reflects that in practice,different courts make different judgments for the same arbitration withdrawal,that is,different judgments for the same case,so as to raise questions.Then,the concept,characteristics,necessity and value orientation of the arbitration challenge system are discussed,which serves as the theoretical basis for the analysis of the status quo of the arbitration challenge system and the suggestion of system modification.Chapter two analyzes the current situation and problems of China’s arbitration challenge system.This paper studies China’s arbitration challenge system from the perspective of norms and practices.On the normative level,China’s arbitration legislation and the arbitration rules of 192 arbitration institutions are analyzed,and on the practical level,499 cases of arbitration judicial supervision are studied.Based on substantial material to find out the disadvantages of arbitration withdrawal system in China,namely challenge objects scope narrow,cause of challenge unclear,challenge procedure design is not reasonable.However,the defects of the arbitration challenge norms,the weak consciousness of the arbitration participants and the imperfect supporting measures are the reasons for the difficulties in the implementation of the arbitration challenge system in China.The third chapter discusses how to perfect our arbitration challenge system.Guided by the theory of the first chapter,balancing the relationship between the fairness and efficiency of arbitration,aiming at the problems proposed in the second chapter,and drawing on the advanced experience at home and abroad,the author puts forward corresponding suggestions from the perspectives of the objects,causes,procedures and supporting systems of arbitration challenge.Since arbitration is different from litigation,its difference from litigation is where its vitality lies.Therefore,in the improvement of the arbitration challenge system,we should also prevent the dilution of the characteristics and advantages of arbitration,and beware of the litigation.