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The Game between Systematization and Judicialization of Arbitration

Author: XinFeng
Tutor: QiaoXin
School: China University of Political Science
Course: Civil Procedure Law
Keywords: arbitration litigation systematization judicialization
CLC: D925.7
Type: Master's thesis
Year: 2007
Downloads: 177
Quote: 4
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Abstract


As an independent dispute resolution system, arbitration appears to counterbalance the inherent deficiency of litigation. The development of arbitration is a process of systematization. Nevertheless, a judicialization tendency exists in certain areas of modern arbitration. By analyzes the phenomena of this tendency, the author deemed that this tendency has not only corroded the advantages of arbitration, but also been a violation of the nature of Arbitration. As a result, arbitration lost its independent status gradually. The author pointed out that the development of arbitration (?)ld base on the definitude of the relationship between arbitration and litigation, carry through the autonomy of will principle as the standard of distinguish the systematization and the judicialization tendency of arbitration. Meanwhile, we should make great efforts on the self-consummation of arbitral procedure.The thesis consists of five chapters. ChapterⅠ, the inherent deficiency of litigation and the appearance of arbitration. By study the history of the two systems, the author finds that the appearance of arbitration offset the inherent deficiency of litigation. After its naissance, arbitration turned into a stage of self-consummation.ChapterⅡ, the systematization process of arbitration. By introducingthe development stage of arbitration, the representations of thesystematization process of arbitration is discussed. Under the influence of(?)g some parts of litigation system for reference, the judicializationtendency of arbitration appeared.The author introduced the representations of the arbitral judicialization tendency in arbitral practice of the world in Chapter III. Then the author think over this tendency in Chapter IV, while deny the arbitral judicialization tendency in three aspects: the nature and advantages of arb(?)ration as well as the relationship between arbitration and litigation.Some improvements to arbitration system are made in Chapter V. In the first instance; the autonomy of will principle should be regarded as the basic standard to estimate the result of reformation in arbitration. Secondly, arbitration should be admitted as an independent dispute resolution system. The arbitration system will head for a bright future by holding these standards.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Arbitration Law
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