On The Legal Practice Of The Additional Third Party In International Commercial Arbitration

China’s "Arbitration Law" does not expressly provide for the system of adding a third party outside the arbitration case to the arbitration tribunal,which makes it difficult to reasonably and timely solve disputes in some cases and finally effectively protect the substantive rights of the parties.The addition of a third party outside the arbitration case by the arbitration tribunal can effectively protect the substantive rights of the parties,and the case can be tried efficiently,which is conducive to the one-time settlement of disputes.With the increasing complexity of international commercial transactions,it has become a trend to add a third party to the arbitration case based on the practice and experience of the arbitration rules of major arbitration institutions at home and abroad.But behind this trend,there is also a dispute and a difference.The dispute is whether there is a theoretical dispute over the addition of a third party outside the arbitration case,which is specifically reflected in whether it will undermine the principle of autonomy of will,whether it will undermine the privacy and economy of arbitration.The difference shows that the arbitration rules of major international arbitration institutions have differences in the standards and conditions of adding a third party outside the case,and there is still a lack of unified and systematic operation standards.At the academic level,the third party outside the arbitration case is different from the third party of arbitration,the third party of arbitration agreement and the parties in the consolidated arbitration procedure.The addition of a third party outside the case by the arbitration tribunal can achieve a balance of interests with the principle of autonomy of will,which will not destroy the privacy of arbitration,but is conducive to the maintenance of the economy of arbitration.In practice,the arbitral tribunal conditionally introduces a third party outside the arbitration case into the arbitration procedure,which has the support of theory and practice.In terms of specific consideration standards,the additional procedure of the third party outside the case should have both formal and substantive elements.First,the arbitration tribunal should examine the subject of the application and the time limit of the application.Secondly,according to the different types of the third party outside the arbitration case,different will inspection standards are applicable.Finally,even if the above requirements are met,the arbitral tribunal still needs to comprehensively consider the relevant circumstances of the case before making a final decision.China should take the amendment of the arbitration law as an opportunity to stipulate in principle the addition of a third party outside the case,further clarify several typical situations of the expansion of the effectiveness of the arbitration agreement in the arbitration law and judicial interpretation,and absorb the more mature rules developed in domestic and foreign practice,such as agency,creditor’s subrogation and so on.