Research On The Guarantee And Path Of The Cancellation Right Of The Third Party Of Arbitration In China

In recent years,cases of infringement of the legal rights and interests of the third party in arbitration are frequent,and safeguarding the legal rights and interests of the third party in arbitration has become the main direction of improving the arbitration system.The purpose of ensuring the effective implementation of the cancellation right of the third party in arbitration is to provide an effective relief way for the third party in arbitration when it is infringed by the bad Arbitration Act,which also embodies the requirements of the concept of fairness and justice in arbitration and arbitration award.But there are also many difficulties and obstacles.First of all,the third party of arbitration lacks the legal basis and system guarantee for the right of revocation arbitration award;Secondly,the realization of revocation right lacks procedural guarantee;Thirdly,the third party of arbitration still has problems in evidence proof and property preservation.In order to ensure the effective implementation of the revocation right of the third party of arbitration,and through the comparative study with the neighboring system and the relevant provisions of foreign countries,it can be realized through the following path.Firstly,the third party system of arbitration should be established to guarantee the revocation right of the third party of arbitration;Secondly,the judicial review should be introduced properly to provide convenience for the third party of arbitration in the aspect of evidence proof;Thirdly,the third party of arbitration should be established to guarantee the procedural guarantee of the revocation right of the third party of arbitration.In the face of the lack of relevant issues and legal gaps in the arbitration system,it has become a key issue to safeguard the legitimate rights and interests of the third party of the arbitration,and it is a feasible way to solve the problem to protect the cancellation right of the third party of the arbitration.