Research On Remedy And Protection Of The Outsider In Arbitration

With the increasing complexity of civil and commercial relations,it is inevitable that more and more outsiders will be involved in the arbitration proceedings.On the basis of theoretical research and empirical analysis,this paper mainly focuses on the basic theory of the outsider in the arbitration,the establishment of the third party arbitration system in the arbitration procedure,the relief ways of the outsider in the arbitration in the procedure of refusing to implement the arbitration award and canceling the arbitration award,and other aspects of the protection and relief of the outsider in the arbitration.Firstly,on the basic theory of outsiders in arbitration,the paper mainly starts from the definition of its concept,as well as the necessity and legitimacy of protecting the legitimate rights and interests of the outsider.First,the concept of the outsider in the arbitration is defined in a new way,and then the outsider in arbitration is distinguished and compared with the third party in arbitration and the third party in the arbitration agreement.Second,the author expounds the necessity of seeking relief for the outsider in the arbitration by explaining the characteristics of arbitration which hinder the relief of the outsider,and the lack of protection and relief of the outsider.Thirdly,the legitimacy of protecting the outsider in the arbitration lies in the realization of the goal of arbitration,including fairness,efficiency and autonomy.Secondly,the author elaborates on the domestic and foreign legislation and theories of establishing the third party system in arbitration procedure.The author thinks it is very necessary to establish the third party system of arbitration by comparing the legislation of various countries and drawing lessons from the useful experience.Thirdly,it is about the judicial review of the arbitration award in the litigation process,the author believes that,in addition to the right granted by the provisions on the implementation of the arbitration award to the outsider in arbitration,the application for the cancellation of the arbitration award and another suit can also be the way for the outsider to search for remedy.Finally,in addition to the third party system of arbitration and the judicial supervision system of arbitration,can the fairness and justice of arbitration be achieved in other ways,so as to prevent the infringement of the rights of the outsider in the arbitration from the source? The author thinks that by classifying the false arbitration as a criminal offence,strengthening the internal supervision of the arbitration institution,and establishing the arbitration industry supervision system,the arbitration system will develop better and better.