Views On The Chinese Arbitrator System

Arbitration, as an unofficial method to settle the disputes, has a very long history,but the study of the arbitrator system has long been overlooked. This article tries to make a exploration into the Chinese arbitrator system in its parts.Chapter one This part is an introduction to the arbitration system in which the origin and and brief history of arbitration is discussed and the basic attributes of arbitration analyzed before the importance and the special significance of arbitrator system is stated.Chapter two This part mainly examines the evolution of the Chinese arbitrator system with the focus on the development of the arbitrator system under the domestic arbitration system and the Chinese arbitration system involving foreign elements. The arbitrators have undergone the changes from professionals to parttime jobs.Chapter three This part, sub-divided into three sections, is the core of the article and makes a comparison between the Chinese and the foreign arbitrator systems and discusses the engagement, selection and abstention of the Chinses arbitrator system by comaring the Chinese arbitrator system with those of the other countries in the world.Chapter four We will look at the legal status of the arbitrators in this part which is in essence the study of the power of arbitrators. The arbitrators enjoy great powers in terms of the scope of the power with only some of its representative ones to be discussed here.Chapter five The legal liablity of the arbitrators will be discussed in this part. Should the arbitrators bear liabilities because of the cases in their charge? Theories on this question include the immunity of the arbitrators' liabilities, strict liabilities of arbitrators and the limited liabilities of arbitrators, of which, the author agrees with the last one.Part six The main problems concerning the Chinses arbitrator system are discussed in this part together with some of the legislative suggestions proposed by the author of this article which are as follows: 1 the register of the arbitrators shall be formulated in more detail; 2 the mandatory register system should be changed to the conditional recommendation register system;3 the internal arbitrator system should be cancelled through legislation; 4 the relation between the arbitrators and the arbitration commission should be legislatively re-defined; 5 the training and practising system for arbitrators should be adopted; 6 the responsibility system for arbitrators should be established.