On International Commercial Arbitration, Member Of The Legal Status Of Research

This dissertation contains five chapters. Chapter One is focused on the relationships between an arbitrator and the parties and the arbitral institution. As far as the relationship between the former two is concerned, law scholars and practitioners have three theories: special status, quasi contract and contract which consists of agency contract, services contract, arbitrator's contract or contract of institute and contract of sui generis. The author analyzes them one by one and agree with the contract sui generis. Similarly, a contract also exists between the arbitrator and the center. This contract results from the expression of a twofold consent: the consent of center which appoints or confirms the arbitrator and, by sending him a copy of its rules, informs him of the functions he will carry out in the course of the said procedure; the consent of the arbitrator when he reads the said rules and agrees to fulfill his task in this context and under the center's auspices.Chapter Two mainly expatiates on an arbitrator's qualification. As a qualified arbitrator, he must meet both general and special requirements. In view of the former, he must be a person with full civil capacity and good reputation. As the general requirement, he should have adequate knowledge of the language of the arbitration and international arbitration experience. The sole and chief arbitrator should have appropriate legal qualifications, and it's better for the other arbitrators to have expertise in the commercial or technical field that is the subject of the arbitration.Chapter Three expounds the rights and obligations of an arbitrator. An arbitrator have such rights as follows: decide to accept the appointment, hear the case, conduct proceedings, has discretion to make orders, propose settlement of the dispute, make an award, and what's more, he have right to receive fees and reimbursement of expenses. His obligations are: remain independentand impartial, carry out the procedure within a period of time, participate in the procedure actively and render an award within a reasonable time. The tribunal should ensure the formal requirements of the award and keep confidential all matters relating to the arbitration proceeding and decision.Chapter Four concerns the liabilities of an arbitrator. In common law, an arbitrator may enjoy immunity form legal proceedings, just like a judge. But in the civil law, he is not. The agree with the theory that an arbitrator is not liable for anything done or omitted in the discharge or purported discharge of his functions unless the act or omission is shown to have been in bad faith or gross negligence.In Chapter Five, the author digs into the Chinese system of international commercial arbitrator, indicating five defects in it and intends to make five corresponding proposals in order to complete this system.