On The Legal Regulation Of Malicious Arbitration

Arbitration meets all the need of freedom of contract. It reflects the autonomy of parties. And its civil, professional, confidentiality, independence and autonomy of the advantages is becoming an important part of the dispute settlement mechanism. However, with the increasing number of cases of arbitration, and driven by the interests, certain parties will do false arbitration, fraud, and malicious use of arbitration proceedings. As a result,they damage the legitimated interests of the other party or even a Third Party. Malicious arbitration behavior is not only against the private interests of civil subject, but also undermine the normal judicial order, and wasting the country’s limited judicial resources.The increasing number of malicious arbitration phenomenon will greatly undermine people’s credibility to the Commercial Arbitration, and shake their faith of the fair value in the citizenship law and justice. Therefore, it is the the only way to establish a sound regulate system of malicious arbitration and to promote the spirit of integrity, to upgrade the credibility of arbitration. At present, Chinese is concerning more about malicious litigation than malicious arbitration. Because of its high degree of autonomy and confidentiality, it is more difficult to identify and regulate malicious arbitration. Bases on the analysis of malicious classic case, the paper chapter will leads to a discussion about the topic. Firstly, it will define the concept of malicious arbitration constitutes, and conducted specific analysis about the main manifestations of the malicious practice of arbitration in-depth. Secondly, the paper chapter proposed that malicious arbitration contain malicious abuse of arbitration rights, fraud arbitration and abuse of judicial relief right. Finally, while exploring the plight of malicious arbitration regulation theory, the paper draw specific measures such as to strengthen the tribunal’ right on controlling the program, to establish and improve the system of third party and strengthen relief right of the third party.