On Improvement Of The System Of Arbitration Challenge In China

Arbitration is an important kind of non-litigation dispute resolution, and it iswidely used in civil and commercial fields. As one of the most integral part of thearbitration system, arbitration challenge system fully embodies the arbitration justiceand independent value, also, it has important influence to ensure the process ofarbitration proceedings revised. There are just five legal provisions about arbitrationchallenge system, and the legal provisions is imperfect. The challenge system ofarbitration legislation is almost copying from the civil action, and it is a manifestationof the lack of rational consideration. But differently between arbitration and litigation,arbitration has its own distinctive characteristics, so copying is not desirable. With therapid development of arbitration, arbitration law can’t meet the needs of practice.Especially in terms of the system of arbitration challenge lead to many dominant orrecessive unfair arbitration cases in practice. What’s more, the arbitration rules of thearbitration institution have not unity and universality so that lacking of the study onscience rationality and textual research aboard. Still, there is room to go further.From implementation present situation, the challenge system is seldom put intopractice. The parties apply for withdrawal is difficult so they are rarely using it. Butusually it is used as a means of procrastination procedure. Due to the status of specialarbitrators and arbitration institutions and less of necessary supervision mechanism,several cases of corruption, injustice, relatives generated. Otherwise, the phenomenonof the arbitrators and the parties reach a collusion is relatively common and verydiscreet. The other party and the arbitration organization are difficult to discover.What’s more, the parties are free to select favorable arbitrator, so unfair phenomenonmay easily be produced in order to win inappropriate interest. It is that not onlyserious injures the legal rights of the party, but also affect the authority of thearbitration. The setting up of challenge system is the demand of judicial justice, andin order to protect the legitimate rights and interests of the parties, it is of great significance to improve the problems. Therefore, the study of arbitration challengesystem has a strong urgency and necessity in our country.This paper proceed from the real case, the concept and the significance, thencard and comment our challenge system’s legislative situation, implementation statusand problems in more than twenty years. On the basis of learning from foreignexperiences, it proposes the concrete construction and perfection of arbitrationchallenge system in China with the view of promoting the benign development ofarbitration.