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The Third Party of International Commercial Arbitration

Author: BaiLu
Tutor: WeiHong
School: East China University of Political Science
Course: Legal
Keywords: Third Party in Arbitration Litigation Theory
CLC: D997.4
Type: Master's thesis
Year: 2011
Downloads: 39
Quote: 0
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Abstract


Third party system stems from civil litigation system, its main content is incorporated with a stake in the party not involved in the case to litigation legal relations to prevent cases of long processing and waste of resources, thus completely solve the dispute. , International Commercial Arbitration theory can learn from the the Civil Procedure third theory, introduced the Arbitration third party system, and specifically how to operate the system, has always been a controversial theory of International Commercial Arbitration points still controversial. With the deepening of the international civil and commercial exchanges complexity, we can see more and more prominent issues of third party arbitration. Commercial Arbitration does not introduce a third party system, arbitration is not an effective solution, and even produce conflicting rulings, the waste of social resources. Face this focus in International Commercial Arbitration theory there are two views, one is the introduction of the system of Arbitration third people support under certain conditions, an alternative is to reject the introduction of the Third Party in Arbitration. We studied the arbitration system of third party should be standing on the shoulders of our predecessors, we must first understand their point of view, and then fully absorb and learn, and explore the comparative study, the rational approach to this problem. The main approach to the study in this article is a comparative analysis, first part briefly describes the Civil Procedure third party system, again leads on International Commercial Arbitration third party system, thus both a comparative analysis of a third person, the introduction of arbitration discussion of the system to provide a reference. The second part discusses the need for the introduction of Third Party in Arbitration from three aspects to resolve conflicting rulings, completely solve the dispute, efficiency. The third part discusses the theoretical level of arbitration, first examine the main points of the scholars, and then from the essential characteristics and value orientation of the arbitration agreement, the relative exception of these angles to dissect the theoretical foundation of the arbitration system of third party, then discusses the rationality of the existence of the of Arbitration third party system. The fourth part of the main effects of the national legislation and the rules of arbitration institutions recognize the Third Party in Arbitration, the operation of these practical level to provide good feedback for us to study the theory of the Third Party in Arbitration, from the other side also shows In practice, the arbitration third party has obtained the necessary living space. Comparative Study on International Commercial Arbitration third party system, I believe that the system there is a certain degree of conflict with the traditional arbitration theory, but not go so far as to give the basic theory of the arbitration fundamental impact on the destruction of their inherent The characteristics and advantages. Taking into account the urgent need of the Practice of International Commercial Arbitration, the introduction of the system of Arbitration third people is necessary and feasible under certain conditions. The introduction of a third party system will enable the International Commercial Arbitration Dispute Resolution mode to play a greater role to protect the legitimate rights and interests of the parties, efficient and just resolution of disputes, and to reduce the social costs.

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CLC: > Political, legal > Legal > International law > Private international law > International Commercial Arbitration and the International Maritime Law
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