On The Establishment Of Friendly Arbitration System In Our Country

In the development of international arbitration,international arbitration pursues the internationalization and liberalization of arbitration.The modern amiable composition system is recognized by more and more countries in this context.The value of the amiable composition system determines the development prospects of the system in the field of arbitration.The amiable composition system makes up for the inherent defects of arbitration according to law and helps to realize substantive fairness in the case.It has a very strong practical significance in commercial arbitration.There is no clear attitude in the current Arbitration Law of our country,that is,there is no explicit recognition in our legislation and no explicit rejection of amiable composition,which leaves room for the application of amiable composition in practice.In practice,some advanced arbitration institutions in China have expressly permitted amiable composition in their arbitration rules.The ambiguity of arbitration legislation in our country may lead to the arbitration institution making an award after the application of amiable composition.Obstacles may arise in the recognition and enforcement of awards.In accordance with the development trend of the institutions that allow friendly arbitration in China in recent years,more arbitration institutions will allow amiable composition in the future.In the future,China will definitely not ignore this practical problem when revising the arbitration law.After in-depth analysis of the fair value,benefit value and harmonious value of the amiable composition,this article aims to clarify the amiable composition position in arbitration legislation and dispute resolution to clarify the functional value of amiable composition in dispute resolution.The development of amiable composition in foreign countries is relatively complete.This article analyzes the development of amiable composition in the world and provides some suggestions for our country.For example,we should provide a more general explanation for the content of amiable composition.To ensure that the amiable composition makes a difference in the dispute resolution system.Our country's attitude towards legislation is not clear,and the development of amiable composition in our country's practice will encounter some obstacles.The criminalization of the defamation of the law to make the amiable composition face more severe challenges in our country.Coupled with the fact that China's arbitral bodies that allow amiable composition are uneven,these factors will hinder the healthy development of the amiable composition in our country.Based on the above analysis,this article concludes that in the future,when amending the "Arbitration Law," the State should recognize the legitimacy of the amiable composition.We should clarify the application of amiable composition.If we want to clearly define the authorization of the parties,In the form and timing of authorization,it should be done loosely,and the principles of fairness and goodwill should be clarified to prevent abuse of arbitrators.The scope of amiable composition should not be limited to international arbitration.In judicial supervision we must pay attention to the mandatory provisions of the law and public policies.