Research On Third Party System Of Arbitration

With the complication of the current economic activities and international trade, on the one hand, the arbitration as a professional and efficient civil disputes settlement mechanism plays a more and more important role, and on the other hand, a lot of practical problems challenge the existing arbitration system, including the third party in the arbitration. There are only two parties in the traditional arbitration theory and practice, but with the complication of the civil relations the interests of the outsiders have been impacted by the arbitration process and awards, so the appeals of the outsiders for the remedy of their legal rights attract the attention of the law circles. Because of the similarity of the civil litigation and commercial arbitration, the third party in civil litigation provides a paradigm for the remedy of the legal right of the outsider in arbitration, and the third party system of arbitration begins to be widely discussed. Although the construction of the third party system of arbitration will provide effective remedy for the outsiders whose legal interests may be adversely affected by the arbitration process and awards, and will improve the efficiency of arbitration and avoid conflicting awards, the third party system of arbitration still generates many disputes from the beginning. Arbitration is different from the civil litigation, and the most significant difference is that the principle of autonomy is the foundation of the whole arbitration system, that is to say any construction of new system cannot destroy the fundamental role of the principle of autonomy of arbitration. So the major difficulty of the construction of third party system of arbitration is to balance the principle of autonomy and the practical challenges arising from the remedy of the legal rights of the third party.This thesis is divided into five chapters to discuss the third party system of arbitration. The first chapter defines the third party of arbitration in details and restricts the research object of this thesis to the general third party of arbitration. The second chapter explains the reality that the interests of the third party affected by the arbitration process more and more frequently and analyze the necessity of construction of the third party system of arbitration combing with a case of the arbitration practice. The third chapter is mainly about the theoretical basis of the third party system of arbitration, including the theory of the extension of validity of arbitration agreement, the principle of autonomy of arbitration and the inherent requirements of the features of the commercial arbitration. The forth chapter conducts a systematic research on different legislations and arbitration rules of several foreign countries and arbitration organizations, which provides valuable experience for the construction of the third party system of arbitration in our country. The last chapter put forward several possible suggestions to the arbitration legislation on three aspects, including the applicant of the joining of the third party, the decision maker and its decision criteria and the formation of the arbitration tribunal, and will rethink the limitation the third party system of arbitration.