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The Study on Chinese Commercial Arbitration Delivery System

Author: XuYan
Tutor: YanHong
School: Zhejiang Technology and Business University
Course: International law
Keywords: Commercial Arbitration the proper delivery party automony Arbitration litigation
CLC: D925.7
Type: Master's thesis
Year: 2010
Downloads: 78
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Abstract

Document delivery is an important link in both litigation and arbitration process. The proper notification received by the parties is a condition of an effective arbitration award. However, the legal provisions of the document delivery in arbitration procedures is not as specific as lawsuit’s. In addition, the judge review the arbitration awards often without a specific standard for reference, causing the inevitable judicial intervention and indirectly causing arbitration litigation. Therefore, a system analysis and research to Chinese commercial arbitration service system has important practical significance.This paper is divided into three chapters. It falls into the model of "summaries, questions, analysis and solve the problems". The first chapter is the summarize of our commercial arbitration service system ,which is based on the 20 arbitration service rules which are randomly chose from hundreds of arbitration institutions’. Based on this, it introduced the subject, content, methods of our commercial arbitration service. The first part tells the universality and inevitability of the arbitration institution, the necessary of the arbitral tribunal and the parties as the subject of our commercial arbitration service. The second part tells object of our commercial arbitration service and also the expression way in the arbitration rules. The third part detail introduces the usable situation of our commercial arbitration service methods, concluding ordinary delivery way, email delivery, leaving alone delivery, announcement delivery, request delivery and notarization delivery.The present litigation situation and the existing problems of our commercial arbitration service system are elaborated in the second chapter, which are based on the following comparisons. The first section of this chapter introduce the subject, content, methods of international commercial arbitration service which are based on comparison of the relevant provisions of a number of famous international arbitration rules listed in form two. The second section is the detailed elaboration of the service system of international civil action’s and our country civil action’s. And at the last of both sections, comparisons are given, which are between our commercial arbitration service and international’s, as well as civil service. From the comparison, it comes out the present situation and the realistic dilemmas of the service system of our commercial arbitration. There are mainly four problems:the simplification of the subject, the inflexible of the service methods, the indeterminacy of the service location and the obvious tendency of arbitration litigation.In view of the above present situation and the realistic dilemmas, the author proposed three big suggestions hoping to be helpful to the consummation of our commercial arbitration delivery system. First of all, the author proposed the urgency of unifying our commercial arbitration delivery system, and also the specific measures. Then, on the foundation of the second section of the second chapter, the author proposes that our commercial arbitration service system can use the detail measures of mail delivery and electronic mail delivery in the civil service action for reference, but shall not apply mutatis mutandis it. This reference, of course, should follow the lowest "due process" principle and "arbitration advantage" which conclude Autonomy, secrecy and highly effective. In order to help our arbitration institution act the service properly and enhance the uniformity of the valid judgment of the commercial arbitration when judicial review, at the last part of the chapter, the author puts forward the standards and key factors of judging the effective service of international commercial arbitration.When examining the arbitration award, the court should pay much attention to the following four factors of concrete:rational inquiry, the record of delivering considerations, the finally known location and deemed to have been duly served. Through the above three aspects of perfecting measures, hoping to making efforts for the institutionalization and internationalization of China international commercial arbitration

The Study on Chinese Commercial Arbitration Delivery System

Abstract

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