Study On The Third Party In Arbitration

As one of the main methods to solve civil and commercial disputes, Arbitration isquite different with civil litigation, but because both of them are means to solve civiland commercial disputes, they meet a lot of the same or similar problem in practice,the third party problem is one of them. The third party in the system of civil litigationhas been in existence for many years, and has been developing and improving withthe process of time and the embedded of practice, while the system of arbitration hasnot stipulated the third party. The main cause of the difference is that the power theyhave to solve disputes is from different resources, the jurisdiction of civil litigation isfrom the national public power and the power of the arbitration is from theauthorization of the parties. As the civil and commercial relationship is becomingmore and more complicated, the arbitration process will inevitably involve the interestof a third party, how to protect the interest is a question need to be considered. Nowthere are a lot of national legislations and arbitration rules on the third party aroundthe world and our country has not made some legislation concerning it. What’smeaning of the third party in arbitration? Is it necessary to allow the third party inarbitration? How to establish the rules concerning the third party in arbitrationconforming to China’s national conditions? These questions have been brought to theattention of the theory and practice, with the deepening of the theory, the answers tothese questions will gradually emerge.In this paper, the author puts forward her own view on the three questions mentioned above using comparative analysis method.The first part of this paper mainly analyzes the connection and difference betweenthe third person of lawsuit and the third person in arbitration, concludes the meaningof the third party in arbitration basing on the analysis, classifies the third party inarbitration according to certain standards, makes clear the connotation and extensionof arbitration to a third party, and draws a complete and clear definition of the thirdparty in arbitration, and then introduces some relevant concepts such as third party toarbitration agreement and consolidation of arbitration proceeding.The second part mainly introduces the domestic theoretical divergences on thethird party in arbitration, and then argues the necessity and theoretical basis for thethird party in arbitration.The third part mainly introduces and analyzes the legislation and arbitration rulesof the third party in arbitration in other countries and arbitration institutions to providesome reference to our country.The fourth part mainly concerns some advice about the way to enter arbitrationprocedure, the rights and obligations of the third party, the formation of the arbitrationcourt in our country. The author hope that those advise can help to resolve the thirdparty problem and make a further development of arbitration system.