On The Rights Relief System For The Arbitration Outsiders

Based on the principle of effectiveness of relativity,legal relationship between others dispute arbitration award will neither have binding counterproposal outsiders,nor will counterproposal outsiders adverse impact.But,as a result of the decision of the effectiveness or malicious collusion by arbitration the parties legitimate rights and interests of an outsider,it is necessary to set a special remedy mechanism of arbitration outsiders as arbitration outside right relief system.Its content includes an outsider to withdraw the arbitration proceeding and the execution of an outsider.For the emergence of the wrong decision,there are a series of remedies can be made under the framework of the existing law in our country.But specific to relief to arbitration outsiders rights,these programs appear some problems.Award of the arbitration expansion and effective decision being sentenced to force reflection effect may infringes upon the lawful rights and interests of an outsider,the seal of the arbitration system to limit the rights of an outsider.Therefore,the arbitration outsider's relief rights should be ensured based on the principle of procedural justice.And arbitration outside arbitration right relief is a kind of nachtraglichkeit relief program,an outsider is not essential to participate in the arbitration proceedings,so hadn't caused substantial damage to the arbitration of contractual,exclusive to and not weaken the arbitration desirability,secrecy,and fast speed advantage.For arbitration outside right remedy,there are mature legislative cases in other countries or region.This article mainly introduces the France an outsider to cancel the arbitration ruling objection,the arbitral award is invalid authentication system in Macao,as well as Japan,Germany,South Korea an outsider execution objection lawsuit system,to perfect our country the arbitration to arbitration outsiders rights relief system provides the experience for reference.If parties did not apply to the people's court for compulsory execution,they will not overturn the injustice of the arbitral award,therefore only an outsider to withdraw the arbitration proceeding system can protect the interests of an outsider in a thorough way.In addition,the compulsory execution may bring an outsider to perform for their property as the responsibility of the debtor,as a result,the law set an outsider in the execution objection system,and provide relief counterproposal outsiders.This article discussed how to make reasonable system arrangement to make both of the systems fully functional so that we can protect the lawful rights and interests of arbitration outsiders from different angles.