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Situation Analysis and Countermeasures of China 's arbitration proceedings

Author: WuYaLi
Tutor: QiaoXin
School: China University of Political Science
Course: Procedural Law
Keywords: Arbitration Arbitration Litigation Prevent Litigation
CLC: D925.7
Type: Master's thesis
Year: 2010
Downloads: 177
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Abstract

Arbitration because of its voluntary, flexible, professional, fast, economical, and confidentiality features and become an independent litigation dispute resolution, with frequent, arbitration of international commercial dealings in the domestic and international civil and commercial disputes applies more widely. However, in the process of arbitration institutionalized development, but the phenomenon of an arbitration proceedings. This phenomenon in the program operational performance of the arbitration and litigation phase approximation, the increasing complexity of formal, cumbersome and lengthy. And learn to litigation to arbitration institutionalized, standardized shortcut, however, do not consider arbitration essential attribute blindly move closer to the lawsuit, it is likely to lead to the arbitration procedure does not comply with the arbitration personality, and even hinder the development of arbitration, threatening the survival of the arbitration. It is necessary to safeguard the smooth development of the arbitration in order to protect the value of the existence of the arbitration arbitration proceedings phenomenon to study, in order to reduce its impact on the development of the arbitration. The paper is divided into four parts to carry out a more in-depth analysis and discussion of this phenomenon. The first part, starting from the arbitration system characteristics established by comparison with the civil action, arbitration unique personality characteristics and value; Based on this, the second part of the combination of the arbitration proceedings the status quo, focused on the system of the arbitrator, the arbitration first trio system of arbitration proceedings for arbitration in accordance with strictly applicable law, arbitral award proceedings of judicial oversight over these six issues a combination of law and practice analysis, and comparative analysis combined with foreign legislation, through the phenomenon see the essence of the phenomenon to the proceedings; Part III to further analyze the causes of the phenomenon of the arbitration proceedings, including the historical reasons, the system of reason and philosophy of reason; final part of countermeasures to prevent the arbitration proceedings: First of all, it should be made clear the essential attribute of arbitration folk guidance arbitration legislation and practice; Secondly, to respect party autonomy principle, to respect the free will of the parties in the first place; Third, we should improve our arbitration body systems and procedures designed to make it more flexible flexible, more in line with the needs of autonomy; fourth, to establish a variety of arbitration, giving the parties more options; fifth weaken judicial oversight. Countries can support the point of view of the development of arbitration, avoiding arbitration proceedings and to encourage arbitration institutionalized, the smooth development of the standardized system prosperity.

Situation Analysis and Countermeasures of China 's arbitration proceedings

Abstract

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