A Comparative Study Of The Sino-british Maritime Arbitration System

The thesis takes the arbitration system in Maritime law as its research subject on the legal basis of relevant regulations in the English law and the Chinese law through comparative methods. The thesis layout main differences of the two legal system, and thereafter point out somewhere need to be improved in the Chinese Maritime Arbitration system. The development of maritime arbitration is closely relating to that of maritime undertaking. There appeared some regulations relating to maritime arbitration in the maritime code of Mediterranean region. The earliest Maritime Arbitration Act was arising from the flourishing Maritime undertaking of England. The Arbitration act 1996 brought effects on the London maritime arbitration system. China maritime arbitration system has developed rapidly during its short history, some regulations of which, however, needed to be improved in view of international common practices. The forms of carrying the maritime arbitration are quite different between China and England, the role of each respective permanent body of maritime arbitration (the LMAA and CMAC) of which is also not the same. In contrast to the general practices of London Maritime Arbitration, both the particular case and the arbitrator are more bound thereby CMAC in carrying China Maritime Arbitration. No written regulations are made on the qualification of arbitrator in London Maritime Arbitration. But the vast majority of arbitration cases had not been negatively effected thereby, thanking to all the set of excellent system of England Arbitration Law and also those arbitrators with better quality. The viewpoint of full-time arbitrator and part-time arbitrator shall be based on national condition, esp. the development state of maritime undertaking hereof, of each country. Regarding to the maritime arbitration procedure, the regulations and relating mechanism in London Maritime Arbitration provide those parties in dispute more choices, more convenience and that their dispute can be settled more rapidly and economically than that will be in China Maritime Arbitration. The form and content of arbitration award arising from both China maritime arbitration and that of London are different. Arbitration can抰 be isolated with the help and supervision from the court. In view of supervision system on maritime arbitration, there exist some differences of between the internal award and the international one in China Maritime Arbitration that needed to be abolished. On the other hand, the last minor differences thereof the same kind had been eliminated in England arbitration law. As a conclusion of this thesis, what the China Maritime Arbitration needed to be improved is generally pointed out and that deeper study and more analysis on the maritime arbitration are urgently needed.