Research On Relief Of Outsiders' Rights In International Commercial Arbitration Cases In China

With the gradual deepening of international economic and trade exchanges and the increasing frequency of civil and commercial transactions,international commercial arbitration,as an efficient method of dispute resolution,has been widely adopted by more and more trade parties.At present,the laws of various countries mainly give the parties to arbitration proceedings the right to remedy improper international commercial arbitration,but the remedy mechanism for arbitration cases infringing on the rights and interests of outsiders lacks due attention.The complication of social relations and the diversification of dispute subjects have caused many arbitration cases to have an interest relationship with outsiders.If they do not give certain relief rights to those with damage to their rights and interests,it will lead to the complication and expansion of disputes.How to protect the legitimate rights and interests of outsiders on the basis of maintaining the advantages of the arbitration system and establish an appropriate relief mechanism is an important concern in the development of international commercial arbitration.In China's "Arbitration Law" and "Civil Procedure Law",the law has relatively complete provisions on the protection of the rights of the parties to the arbitration procedure,but the legal protection of outsiders in international commercial arbitration cases is very weak.Arbitration is more efficient than litigation,emphasizing privacy and autonomy.Compared with litigation,it lacks external supervision.The results of arbitration awards will inevitably detract from fairness,and the possibility of error is significantly greater than litigation.In addition,based on the theory of arbitral awards' expansion of judgment,correspondingly,the possibility of infringement of the legal rights and interests of outsiders in international commercial arbitration cases will be significantly greater than that of outsiders in litigation cases.In order to promote the final settlement of disputes,it also helps to maintain the sound development of the arbitration system.At present,France,Germany and other countries in the world have made corresponding provisions on the relief rights of outsiders in international commercial arbitration cases.Based on China's national conditions,they can learn from successful foreign legislative experience in order to provide relief for the rights and interests of foreigners in international commercial arbitration cases.Full protection.This article is divided into four chapters.The first chapter first defines the scope of outsiders in international commercial arbitration cases.Secondly,it presents a detailed description of the various cases of infringement of the rights and interests of outsiders in the arbitration case in the current practice.Finally,from the characteristics of international commercial arbitration,we explore the legal basis of the relief of outsiders.The second chapter starts from the existing foreign-related arbitration cancellation system and enforcement objection system in China and analyzes the legislative absence of the outsider 's right to revoke the arbitral award in international commercial arbitration cases and the legislative limitations of the outsider 's right to execute the objection.Among them,the outsider executes the objection right It also distinguishes between applications for non-execution and enforcement of objections for specific analysis.Chapter ? introduces typical experience of extraterritorial legislation,including the system for the cancellation of arbitration awards by outsiders in France and the litigation system for the execution of objections by outsiders in Germany.By drawing on extraterritorial legislation,we hope to provide relief for the rights and interests of foreigners in international commercial arbitration cases in China Experience support.Chapter ? firstly makes systematic considerations on the right to revoke arbitration awards and enforce dissent rights that can be enjoyed by outsiders in China's international commercial arbitration cases,and secondly puts forward suggestions for constructing a path to remedy the rights and interests of outsiders in China's international commercial arbitration cases,including the establishment of outsiders to cancel Litigation,perfect the litigation of outsiders to execute objections.Finally,it proposes a coordinated proposal for the litigation of an outsider to cancel the arbitration award and the enforcement of the objection.