Research On Third Party Issues In International Commercial Arbitration

Along with the frequent international commercial activities,the international commercial disputes are more and more complex.The arbitration process often involves third parties of interest.To protect the interests of third parties with the arbitration hearing process by academia.The arbitration and civil litigation is to solve the civil and commercial disputes,litigation system of the third party to provide a template for the study of third people in the arbitration right relief,from litigation system of the third party,the construction began to be widely discussed third party in arbitration.The legal status of the third party of arbitration is special.The legal status of the third commercial arbitration procedures involving third parties to the conversion of commercial arbitration rights and commercial arbitration third people participate in the arbitration procedures.The entity legal status of the third party arbitration before considering the arbitration procedures that join the commercial arbitration third entity and third people involved in commercial arbitration cases.Third commercial arbitration case types are mainly the following eight categories:first,included in the arbitration agreement to mention;second,according to the arbitration clause in the contract with the bear transfer of rights or obligations;third,arbitration agreement agent;fourth,self change is piercing the corporate veil of company based on the form of fraud or similar fraud abuse;fifth,such as If non signatory charges containing an arbitration clause in the contract a party to claim the contract together,is suitable for the fair principle of estoppel,to prevent a party to a contract of non signatories to participate in the arbitration right;sixth,a non signatory in the contract,especially non signatory play an important role in the contract of the case;seventh,by A single contract plan consisting of a number of documents;Eighth,by the recognition of the constraints in the judicial action,such as the establishment of the third party interests contract.Third people joined the international commercial arbitration theory mainly has:the inherent requirements of the arbitration agreement,the arbitration agreement expansion theory of relativity,the exception of international commercial arbitration,the principle of efficiency and fair value.The arbitration agreement expansion theory mainly includes the principle of estoppel and group theory.Through the investigation of the international commercial arbitration system of the third party,about third people joined the arbitration procedure requirements: First,the written form of thearbitration agreement can be divided into two types,an arbitration agreement a written request for continuation of such as Japan,Belgium,another that implied consent search,such as Holland,Singapore,the United states.Second,program settings,third people joined the arbitration procedure of different application methods:the first one is third people and the parties can apply,the second is only the parties can apply,the third is only third people can apply for.The composition of the arbitration tribunal,the arbitration institution has different rules: one is after the formation of the arbitration tribunal,the parties and the arbitration tribunal is composed of third people remain unchanged,one is after the formation of the arbitration tribunal,the arbitration tribunal is dissolved,the parties to choose the arbitrator,the last one is the one selected by the applicant and the applicant a.Our country in the establishment of third party arbitration system,arbitration theoretical basis to select third people: the inherent requirement of the arbitration agreement in the company expansion theory,group theory,international commercial arbitration,the principle of efficiency and justice value effect.Group theory should be cautious,strictly grasp,apply the initial group theory,namely when the dominant parent company actively involved in the negotiations of the affiliated companies contract,its absolute control on which the subsidiary company has,it should be subject to the arbitration agreement.The forms of the arbitration agreement,that our legislation should focus on arbitration agreement in the arbitration agreement,the arbitration is not in the form of a written request.Third sets of commercial arbitration procedure in our country can be set so that the scope of accepting cases,the application of the main,and decide the main standard,the composition of the arbitration tribunal in four aspects.