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A Research on Several Question in the Arbitral Procedure

Author: WeiMin
Tutor: HuangJie
School: Hunan Normal University
Course: Legal
Keywords: Program Arbitration proceedings Arbitration agreement Arbitration start The scope of the arbitration Party autonomy
CLC: D925.7
Type: Master's thesis
Year: 2009
Downloads: 86
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Abstract

With the rapid development of the world economy, economic activities have become more frequent, the friction in the economic exchanges also will be increased. The international community generally reflect important settlement of economic disputes - arbitration demand on the rise. However, contrary to this, China's rapid economic development, the total amount of the arbitration cases are in a decline in state of affairs. One reason a lot of the outstanding problems of the existence of the arbitration proceedings for such arbitration proceedings Arbitration Law as the core, it has not well adapted to the the arbitration reality need to be the most important reason. Several prominent articles seize existing arbitration procedures to analyze, explore some can adapt the idea to promote the smooth development of the arbitration. Arbitration is generated in the practice of an ancient mode of dispute resolution. Since it produces the reason for human society generally agree, the growing attention to be regulated by the laws of most countries, because it has other programs irreplaceable reasonable. Arbitration proceedings, the most central and fundamental contents of the arbitration agreement. Under normal circumstances, the parties entered into an arbitration agreement has given the jurisdiction of the arbitration institution, exclusive jurisdiction of the courts, and arbitral awards similar to the court's effectiveness, and it is therefore referred to as the cornerstone of the arbitration system. However, the provisions of our existing arbitration procedures of the effectiveness of the arbitration agreement is too harsh, too restrictive strict artificially increase the difficulty of the last truly enter into arbitration disputes, and raise the threshold for parties to choose arbitration plus the scope of the arbitration proceedings; arbitration proceedings start missing the provisions, so that the rights of the parties choose arbitration can not be adequately protected, after entering the program, the option of the parties blur, too narrow, many procedural aspects of the arrangements, the proceedings of the colors are too strong, it's all in lead to a decrease of the arbitration Features of arbitration proceedings virtually slowly deviate from arbitration arising in the first place and should be the direction, directly affect the normal development of the cause of the arbitration. The article is based on analysis of these issues and explore the problem-solving ideas, that arbitration to its original feature. Arrangements of arbitration proceedings, as far as possible to relax the scope of arbitration cases, reasonably clear time boundary points for arbitration in the arbitration proceedings began, under the premise of not violate legal prohibitions, reasonable positioning the effectiveness of the arbitration agreement, desalination arbitration litigation of color, restore to show their own proper characteristics. The study found that the results of theoretical studies of our existing arbitration proceedings vague understanding of the concept of the program, proceedings and arbitration proceedings is even wrong. In this regard, the article on the basis of a careful analysis of the arguments given clear concept, and summed up a common feature of all programs, so that the discussion of the arbitration proceedings in an unprecedented unified specification Context. The article is divided into three chapters, the main contents are as follows: the first chapter, the definition of the basic concepts of the arbitration proceedings. This chapter anatomical analysis of existing research on the concept of the program, arbitration proceedings and arbitration proceedings, pointed out the problem and the crux. Article by main program dependent, the time ordering rules prefabricated certainty, continuity of time-phased and content analysis of the characteristics of the final conclusion: the program is mainly reflected constraints specific subject certain behavior, and generate aggregate of rules that should be followed by the corresponding results are intrinsically linked. Arbitration proceedings accordingly defined as: fiction through legislation, such as arbitration behavior conditions specification arbitration body, the way, the steps, the order, the rule of law with the inherent correlation aggregates. The second chapter, the problems of the arbitration proceedings. This chapter by the presence of the current arbitration proceedings too restrictive of the scope of the arbitration proceedings, the provisions of the beginning of the program is missing, the provisions are too harsh on the validity of the arbitration agreement, the the parties option too narrow litigation and arbitration proceedings color program too concentration and other issues of analysis, and finally concluded: the basic law of our departure from the world economy and the development of arbitration arbitration arbitration practice of accepting cases the target amount declined year by year, the fundamental reason for this is because many of arbitration proceedings set has deviated from the arbitration original intention and should have direction, it is difficult to meet the real needs of the parties to choose arbitration. Chapter III, the perfection of the arbitration proceedings. This chapter, in the second chapter found that the analysis of the problem on the basis of the status quo of the current arbitration proceedings, proposed to expand the scope of application of the arbitration proceedings, the effectiveness of the arbitration agreement is reasonable position in the arbitration proceedings, the program increased the option of the parties from reduce the arbitration procedures in litigation color and other measures to improve. Finally, to conclude: procedural arrangements as much as possible to design or select the right space program, to restore the original look of the arbitration to the parties themselves, so as to increase the trust and the needs of the parties to the arbitration, and to promote the smooth development of our arbitration.

A Research on Several Question in the Arbitral Procedure

Abstract

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