Study Malicious Arbitration

Malicious arbitration refers to one or both parties to seek common use arbitration system vulnerabilities or limitations inherent to defraud arbitral awards, arbitration proceedings to delay or even destroy, damage or counterparty behavior outsider legitimate rights and interests. During the social transformation, since the gaps and lack of social credit system supply system that resulted in malicious arbitration frequent phenomenon, which not only seriously infringed upon the legitimate interests of civil and commercial matters related to the subject, but also greatly damaged the arbitral award of social credibility and authority. Therefore, careful study of the phenomenon of malicious arbitration, explore effective measures to guard against malicious arbitration and regulation, the development and improvement of China’s arbitration system undoubtedly has important theoretical and practical significance.Firstly, a typical case from the start arbitration practice malicious, malicious arbitration system summarizes the concept, characteristics and classification, and in-depth analysis of the root causes of malicious arbitration arising basis, it points out the necessity of constructing a malicious arbitration regulation phenomena. Secondly, the article detailed study and assessment of the extraterritorial norms related malicious arbitration system that China needs to learn from foreign mature experience, based on the construction of the mechanism for maliciou s arbitration appliance suitable for China’s national conditions. Finally, the article proposes arbitration system in our country malware prevention and treatment, and hope in order to achieve the purpose of effective regulation of malicious arbitration, and promote the healthy operation of the arbitration system and related mechanisms.