Discussion On The Remedies Of The Arbitration Award Violating The Outsiders

Arbitration as a dispute resolution mechanism, its autonomy, efficiency, confidentiality, profession attracts people, especially plays an important role in the settlement of international commercial trade disputes. In recent years, the principle of parties' autonomy in international commercial arbitration has been well represented, recognition and enforcement of arbitral awards in the international community has also been improved. However, frequent diversification of economic and social dealings, and complexity of the main commercial rights and obligations lead to arbitration award involved no longer just a party in the arbitration agreement but also the outsiders whose interests was violated.Have occurred in practice, arbitral awards violates outsiders. Autonomy and consensual arbitration cases make it difficult for outsiders to participate in the arbitration process.But the outsiders' interests is particularly important. With "the Civil Law" judicial has a interpretation of the revised, discussion deepening arbitration cases outsiders remedy problems once again sparked heated debate on the outsiders interests. Safeguard afterwards analyzing and discussing ways to summarize results of the existing security system deficiencies, which made recommendations to improve the way to protect the arbitration outsiders' interests.This article removed "Introduction" is divided into four parts. The first part of the arbitration outsider equity arise in practice compromised the specific cases is analyzed on different arbitration outsider infringement case were summarized and analyzed the reasons for arbitration outsiders whose rights have been infringed. The second part analyzes the feasibility and possible shortcomings of existing methods of arbitration outsiders relief afterwards interests, including civil action in the third person withdrawal of the complaint, the third party objection to execution, tort and judicial penalties. The third part analyze and compares of different countries and regions, including France, Japan, Germany, the United States and China's Macao in arbitration outsider afterwards interests safeguard practice on this issue, thereby drawing on the advanced practices of other countries and regions. The fourth part discusses how to improve our arbitration outsider interest relief afterwards. On the one hand we can try to build a new system- the outsiders set aside arbitration award, on the other hand we can perfect the existing system.