Research On The Third Party Arbitration System

With the increasing frequency of commercial intercourse,the complexity of commercial transaction and the difficulty of dispute settlement,it brings more challenges and opportunities to the dispute settlement mechanism.Therefore,commercial arbitration,the social product of the parties' autonomy,is becoming more and more specialized and complex in handling and resolving commercial economic disputes,this has to make the parties to participate in the arbitration of the dispute more stringent,in commercial disputes arbitration will involve the third party's legitimate rights and interests of arbitration.The Arbitration Law has brought convenience,flexibility and fairness to the parties involved in the dispute,and has played a very important role in resolving commercial disputes efficiently and quickly,so that the dispute settlement mechanism has been further widely recognized.At the same time,people are also faced with problems related to the third party arbitration system,and there are still some restrictions on the operation and concrete operation of the system,the traditional pattern of confrontation between the two parties in arbitration can no longer cater to the pluralistic characteristics of the economic subjects of modern commercial transactions.Under special circumstances,the scope of the validity of the arbitration agreement may be extended to the third party in arbitration,the third party may enter into arbitration proceedings pursuant to the agreement.As to the third party system of arbitration,there are two opinions in the theoretical circle: those who oppose it and those who favor it.With the development of the domestic arbitration practice,the voice of those who favor it is getting higher and higher,will adapt to the needs of social development,reduce litigants tired,the embodiment of social economic benefits.The third party entering the arbitration procedure breaks the principle of autonomy of arbitration will,and the confidentiality of the arbitration will be affected,which will make the arbitration procedure even longer.From a theoretical point of view,both the pros and cons have someadvantages,but the theory needs to be based on practice.With the development of the Socialist market economy with Chinese characteristics,it is fundamentally necessary to establish a reasonable third party arbitration system.Under the framework of the existing arbitration legal system,the third party system of arbitration is a legal system that seeks for the best balance between observing the principle of autonomy of arbitration and adapting to the development of practice.Under the current background,the author chooses the third party arbitration system to carry on the research,uses the Fumiyoshi explanation method,the comparative research method and the case discussion method,deeply analyzes the third party arbitration and the related concept,this paper introduces the Legislation Situation and arbitration rules of the third party system of arbitration,compares and analyzes the two viewpoints existing in the academic circles,puts forward its own tendency viewpoint,and analyzes the application of the expansion theory of the arbitration agreement with the judicial practice,and further explore the validity of the arbitration agreement to expand to the scope of the third party.Finally,the advantages and procedural provisions of the Third Party arbitration system will be discussed.