China Maritime Arbitration System Research

As an efficient path to solve maritime dispute, maritime arbitration has the character of professional, technicality and internationalism, with its vital character, many countries attach importance to maritime arbitration, which has been currently accepted by economic and maritime field worldwide gradually. Maritime arbitration commenced in China when China Maritime Arbitration Commission found in 1959, and developed a lot in the past few decades, especially after "Arbitration Law" enacted in 1995, uniform and normative arbitration institutional system had been formed, and maritime arbitration system with Chinese characteristics had also been formed.Meanwhile we all note clearly that, there are many defects to china maritime arbitration both legislative and practical, even not match the economical level of our country and the status in shipping field. Not only can't accommodate with ways of international maritime arbitration, but also restrict the development of maritime arbitration in our country. Therefore, in 21 century, it is pressing for us to make some amendments to maritime arbitration system so that we can accommodate with the development in international society. Based on this point, author hope to have a systematic study of China maritime arbitration system, elaborate on the problems of arbitration agreement, arbitration procedure and arbitration judgment, and combine the 2004 arbitration rules, to study the development trend in this field, and bring up some suggestions in legislation according to the actual state of maritime arbitration system in our country. This paper contains five parts:Chapter One: This chapter first generalized the conception, character, historical reference and legislation of maritime arbitration system, and give emphasis to the development of China maritime arbitration system, analyse the key factor which restrict the development on it, and made some systematic study on the 2004 arbitration rules.Chapter Two: The second chapter discussed the content, character and independence of arbitration agreement, made some research on the international standard of arbitration agreement validity and competence-competence.Chapter Three: In this chapter, author mainly refer to the accountability system of arbitrator, ad hoc Arbitration and Institutional Arbitration, combination ofarbitration and intermediation, bring up some individual opinions and suggestions.Chapter Four: Performance and judicial supervision of arbitration award are imperative when we study the arbitration award, especially the judicial supervision.Chapter Five : Through the study of development trend in the field of maritime arbitration system, combine with 2004 arbitration rules, author bring up some legal suggestions to china maritime arbitration development. This part is the core of the paper.Based on the above five parts, author has made systematic research on the main problems of china maritime arbitration system, such as hoc Arbitration, judicial supervision of arbitration award, accountability system of arbitrator, etc.. brought up some individual opinions, hopefully will benefit china maritime arbitration system.