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Research On The Rules Of Waiver Of The Right To Object In International Commercial Arbitration

Posted on:2020-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:R F WangFull Text:PDF
GTID:2436330596465240Subject:International Law
Abstract/Summary:PDF Full Text Request
The further deepening of economic and trade globalization has promoted the increasingly frequent international commercial activities.There are unavoidable disputes.Commercial arbitration has its irreplaceable superiority in dispute resolution of commercial activities in which high confidentiality and high efficiency have become its biggest highlights.The whole process of arbitration needs to follow the arbitration agreement concluded by both parties and the arbitration rules chosen by the parties,so as to maximize the protection of the rights and interests of both parties.However,in practice,there are many parties who “manipulate the rules of the game” to maliciously invoke the right of dissent rules to delay or ambush.Those people know that it is an advantage to choose the time and place for battle.In this way you know when and where the battle will take place,while your enemy does not.Encourage the enemy to expend his energy in futile quests while you conserve your strength.When he is exhausted and confused,you attack with energy and purpose.The rule of “Waiver of objection” is to prevent the parties from abusing their rights and urge the parties to resolve the contradiction in the basic business Honesty-Credit Principle.There is still room for improvement in China's commercial arbitration system and international standards.The study of this system will also benefit China's commercial arbitration practice and improve China's legal governance.This article consists of four parts:The first part analyzes the concept of international commercial arbitration and the waiver of objection system,and finds the legal basis behind it.The second part is the horizontal comparison of the international practice of the waiver of objection rules,including the relevant laws and regulations of UNCITRAL,the arbitration rules of various arbitration institutions and the relevant provisions of national arbitration laws.The third part starts with the specific problems of the rule,and analyzes the object,method,applicable conditions and consequences of the objection.The fourth part analyzes the current relevant regulations and judicial practice in China and proposes a further improvement perspective.
Keywords/Search Tags:International commercial arbitration, waiver of objection, waiver
PDF Full Text Request
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