Research On The Rights And Obligations Problem Of Commercial Arbitrator

The system of rights and obligations of commercial arbitrators is one of the basic contents of the system of commercial arbitrators,but it is relatively weak on the basis of both the research on the contents of the rights of arbitrators and the research on the relationship and system of the rights and obligations of arbitrators.In the legislation of international commercial arbitration and the rules of arbitration institutions,compared with the obligations of arbitrators,there are few provisions on the rights of commercial arbitrators;the theoretical circle of commercial arbitration mainly tends to the study of the obligations of arbitrators,almost no study on the rights of arbitrators,and no study on the relationship and systematization between rights and obligations.This will undoubtedly increase the responsibility of arbitrators in adjudicating cases,inevitably hit the enthusiasm of some potential arbitrators to accept appointment or selection as arbitrators in specific cases,increase the concerns and pressure of commercial arbitrators in hearing and adjudicating cases,which is not conducive to the long-term development of commercial arbitration system.The commercial arbitration system is the product of the development of commercial trade,which has been recognized and accepted by more and more countries and parties.A large part of the reason lies in the rapidity and independence and impartiality of the commercial arbitrators in handling disputes.In addition,one of the important characteristics of the commercial arbitration system which is different from the civil litigation system is that the commercial arbitration more respects the meaning of the parties Autonomy,and the main body to ensure the specific operation of this feature in practice is also commercial arbitrators.If the safeguard system for arbitrators in the performance of their duties is not perfect,and the motivation to encourage commercial arbitrators to accept the selection or appointment is insufficient,then how can the arbitration system as an alternative means of dispute maintain its strength for a long time? Therefore,the author chooses this topic in order to solve and improve the rights and obligations of commercial arbitrators according to the following four parts through literature analysis,case analysis and comparative research methods.The first part is an overview of the theoretical basis of the rights and obligations of arbitrators.This part mainly discusses the source of the rights and obligations of arbitrators,the relationship between the rights and obligations of commercial arbitrators and the systematization.The source of the rights and obligations of arbitrators is the most basic theory in this paper.The relationship between the rights and obligations of arbitrators is not contradictory but complementary.The systematic study of the rights and obligations of arbitrators is an important guarantee for the scientific and professional development of commercial arbitration system.The second part is about the content and problems of arbitrators’ rights.This part holds that the rights of arbitrators should include: the right to accept or reject the appointment or designation,the right to obtain remuneration,and the right to protect personal information.The right to accept or refuse to be elected or appointed is the basis of all the rights of arbitrators,while the right to obtain remuneration and the right to protect personal information protect the rights of arbitrators from the perspectives of property and personal,hoping to provide reference for the protection of the legitimate rights and interests of arbitrators and the smooth performance of their duties through this part of research.The third part is the discussion about the content and problems of arbitrators’ obligations.This part mainly discusses the obligations of arbitrators to maintain justice and independence,disclosure and confidentiality.Compared with the content of rights,this part of the research is more mature,but there are still corresponding problems in the current arbitration legislation and practice.The obligation of independence and impartiality of arbitrators is the basic obligation and ultimate goal of all the obligations of arbitrators.The obligation of disclosure mainly comes from the obligation of independence and impartiality.The essence of the obligation of confidentiality also serves the independence and impartiality of arbitrators when they decide cases.These three obligations can constitute the basic framework of the obligation system of arbitrators,which is of great significance to the study of the rights and obligations system of arbitrators It’s of great significance.The fourth part,as the last part of this paper,is mainly about the correct understanding and improvement of the rights and obligations of commercial arbitrators in China.Through the discussion of the theoretical point of view and the specific operation in practice,the ultimate purpose is also to be able to get a reference result,for the better development of China’s commercial arbitration system.We should learn from the theories and systems that have achieved good results in the world and pay attention to the research of the basic theories of the Arbitrator System on the basis of understanding the deficiencies of the arbitration system of our country,so that the arbitration system of our country can make great progress and develop continuously.