Research On The Right Relief Of The Outsider In The Case Of False Arbitration

As a modern dispute settlement mechanism,arbitration has become an important and effective means to solve civil and commercial disputes with its advantages of autonomy,flexibility,professionalism and efficiency.However,due to the intervention of social entity relations,arbitration must involve external interests,especially when the parties maliciously dispose of external interests through arbitration procedures,the external interests will be adversely affected by the arbitration award.In judicial practice,many arbitral awards have adverse effects on the outside world.For example,more and more actors use false litigation,false arbitration and other forms to obtain illegal interests,which not only damages the external interests,but also damages the normal judicial order.China's Civil Procedure Law has relatively perfect provisions on false litigation,providing for the withdrawal of third parties and corresponding penalties for false litigation.The development of arbitration system in China is relatively late,and there is no third-party arbitration system.At the same time,when the arbitral award damages the legitimate rights and interests of others,the law does not provide for corresponding relief measures.It is around this judicial status,this paper makes full use of empirical comparative analysis and literature research to study the cases in which false arbitration infringes upon the legitimate rights of outsiders,summarizes the types of infringement of the rights of the outsider in the case of false arbitration and the defects of the current relief system for the rights of the outsider in the case of false arbitration and the defects of the relief system for the rights of outsiders in China's false arbitration cases.when false arbitration occurs,the protection of outsiders is a legal blank.Therefore,this paper studies the remedy of the rights of non-parties in false arbitration cases.This article consists of five parts.The first part is the jurisprudence part of this paper,which introduces the definition of false arbitration and outsiders.It lays a theoretical foundation for the following discussion on the right relief of outsiders in the case of false arbitration.The second part introduces the types of infringement of outsiders' right of relief by false arbitration,and the necessity of outsiders' right relief in false arbitration.Through the use of three cases in China's false arbitration cases of damage to the legal rights of outsiders to interpret the analysis,which further reflects the practical necessity of perfecting the relief system for the rights of outsiders in China's arbitration cases.The third part is about the problems existing in the system of saving the rights of outsiders in the arbitration case in our country.This paper summarizes the problems in four aspects,including the authority of the arbitration institution without self-correction of entity errors,the limitation of applying for cancellation of arbitration award relief,the limitation of the system of execution of objection by outsiders,and the lack of malicious arbitration identification and response mechanism.The fourth part is the Suggestions for the improvement of the right relief system for the outsiders in the arbitration case.The fifth part is the conclusion of this paper.