| The challenge system of arbitrators in international commercial arbitration shows the values and pursuits of fairness and efficiency, which has great significance in perfecting international commercial arbitration system as well as guaranteeing parties’ legitimate rights and interests. The challenge system, referring to matters of challenge, procedures of arbitration and other regulations, requires arbitrators must maintain impartiality and independence during the arbitration so as to meet parties’ trust and expectation for arbitration. This thesis tries to analyze and compare the pursuits of value, legal sense, arbitration procedures and arbitration rules of the system in different countries, so as to find the problems and put forward possible solutions for those problems. At the same time, it also illustrates the defections of arbitration rules in China, and puts forward some advice for China to perfect its system, which based on other countries’ useful practices and international arbitration rules. This thesis is divided into five parts in structure.Part one discusses pursuits of value and legal sense of the challenge system of arbitrators. This part compares three main theories about the theory of fairness, the theory of efficiency and the theory of double value, analyzes advantages and disadvantages of those, and points out the better one is the theory of balance fairness and efficiency. On the guidance of pursuits of value, it analyzes important legal sense of maintaining impartiality, efficiency of arbitration and meeting rights and interests of parties.Part two refers to matters of the system. It illustrates the matters in UNCITRAL Model Law, introducing relating regulations in arbitration laws and rules of different countries, as well as comparing such relations to challenge system of judges.Part three analyses the procedures of challenge system of arbitrators. The ‘procedures’ in this thesis are the concept in arbitration law and arbitration rules rather than the concept in application law. It includes the subject of challenge, the way of setting the challenge, the term to challenge, the subjects of making decisions, safeguard and relief methods.Part four is based on the analyzes of three parts above, summarizes existing problems and puts forward possible solutions to guarantee parties’ rights and interests is for the perfection of challenge system, the independent agency, which can be the subject to make the decision of the application on challenge, should be established and legal liability could also be cleared by it,perfect the challenge system of arbitrators so as to improve function of the system in practice.Part five analyzes the situation and existing problems of challenge system of arbitrators in China, which is from the perspective of legislation, judicial interpretations and main arbitration rules. Then this part illustrates some suggestions to solve those problems, such as detail the matters of challenge, expanding the subject, improving the way to setting system, clearing the term to submit the application, introducing the third party to make decisions of challenge, adding effective safeguard and relives and so on. |
