On The Rights Relief Of Outsiders In Arbitration Cases

Because of its advantages of autonomy and efficiency,arbitration has become an important way to solve civil and commercial disputes in China.However,with the rapid growth of the number of arbitration cases,in practice,some arbitration parties use the characteristics of strong confidentiality of the arbitration procedure,maliciously collude to damage the legitimate rights and interests of outsiders in the arbitration case.The existing legislative system is still lack of effective ways to fully relieve the rights of outsiders in the arbitration case.This paper starts with a typical case of infringement of the rights and interests of the outsider in the arbitration case in China's judicial practice,and reveals the sharp problems existing in the relief of the rights of the outsider in the arbitration case at present.Based on the detailed analysis of the status quo of the relief of the rights of non parties in the arbitration cases and the shortcomings of the existing ways of relief,this paper puts forward some feasible suggestions to improve the relief of the rights of non parties in the arbitration cases in China.This paper holds that China should establish the litigation system of canceling the arbitration award,improving the litigation system of dissent of execution and the litigation of claim for compensation for tort damages,establishing the identification mechanism of false arbitration and improving the criminal liability investigation of false arbitration,so as to achieve the legislative purpose of effectively regulating false arbitration and fully relieving the outsiders.