Research On The Malicious Behavior Of Parties In Civil And Commercial Arbitration

Arbitration has played an increasingly important role in domestic civil and commercial arbitration due to its advantages of autonomy and rapidity.It is true that the parties to arbitration abuse procedural rights in arbitration activities,abuse judicial relief rights to damage the interests of the other party after the ruling comes into effect,and malicious acts such as the parties conspiring to damage the interests of outsiders by fabricating facts,forging evidence,etc.occur from time to time.This has aroused the attention and research of the domestic academic circles on the malicious acts of the arbitration parties.The author found that the malicious acts of the arbitration parties can be roughly divided into three types: malicious use of arbitration procedures,false arbitration and abuse of judicial relief rights through summarizing the research of different types of malicious acts of the arbitration parties in the domestic academic circles.This paper summarizes its related concepts,the necessity of regulation and the types of manifestations,in order to lay a good foundation for China to crack down on malicious acts of arbitration parties and promote the healthy development of civil and commercial arbitration.Through the investigation and study of the three types of malicious acts of the arbitration parties,the author finds that the difficulties in regulating the malicious acts of the arbitration parties are mainly concentrated in how to regulate the malicious acts of the arbitration parties without damaging their autonomy of will,how to protect the legitimate rights and interests of the arbitration parties without damaging the legitimate rights and interests of outsiders.The author believes that the relevant arbitration system can be improved and the healthy and orderly development of China's arbitration industry can be promoted by strengthening the functions and powers of the arbitration tribunal,standardizing judicial supervision,strengthening the protection of the rights of outsiders,and clarifying the responsibilities of the parties involved in the arbitration for malicious acts.